E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, WEDNESDAY, NOVEMBER 14, 2001 No. 157 House of Representatives The House met at 10 a.m. and was selves and what has happened to us. PRESIDENT LEADS AMERICA’S called to order by the Speaker pro tem- Because it is You who takes us through WAR AGAINST TERRORISM pore (Mr. SIMPSON). every season of life, to You be the (Mr. FOLEY asked and was given per- f honor, power and glory, now and for- mission to address the House for 1 ever. Amen. minute and to revise and extend his re- DESIGNATION OF THE SPEAKER marks.) f PRO TEMPORE Mr. FOLEY. Mr. Speaker, I do not The SPEAKER pro tempore laid be- THE JOURNAL know how many of my colleagues fore the House the following commu- caught the USA Today when it talked nication from the Speaker: The SPEAKER pro tempore. The about the Clinton administration’s war Chair has examined the Journal of the WASHINGTON, DC, on terrorism and how it failed, and how November 14, 2001. last day’s proceedings and announces after repeated bombings, whether it be I hereby appoint the Honorable MICHAEL K. to the House his approval thereof. the embassies, the USS Cole, Khobar SIMPSON to act as Speaker pro tempore on Pursuant to clause 1, rule I, the Jour- Towers, on each and every incident, this day. nal stands approved. then President Clinton suggested, ‘‘I’m J. DENNIS HASTERT, going to get these terrorists, we’re Speaker of the House of Representatives. f going to find them, and we’re going to f PLEDGE OF ALLEGIANCE bring them to justice.’’ It never hap- PRAYER pened. The SPEAKER pro tempore. Will the Currently we are seeing success in The Chaplain, the Reverend Daniel P. gentleman from Georgia (Mr. LINDER) Afghanistan. We are seeing a Com- Coughlin, offered the following prayer: come forward and lead the House in the mander in Chief pursue terrorism, to As the fire of autumn fades and the Pledge of Allegiance. pull it out by the root, to remove this darkening days overtake us, be with Mr. LINDER led the Pledge of Alle- insidious and destructive force from us, Lord, our God. Let Your spirit bear giance as follows: America and from the world. I applaud witness within this assembly how the I pledge allegiance to the Flag of the our President at a time when Ameri- horror of September events have af- United States of America, and to the Repub- cans are rallying behind our flag and fected us and how we have responded lic for which it stands, one nation under God, indivisible, with liberty and justice for all. asking God for his blessings. We are both in word and in deed. Now lead us going to get bin Laden, we are going to as we enter the next season of war. f get those terrorists who are still here Let not the chilling events of ter- in America, and we will not stop this rorism freeze our soul or temper our MESSAGE FROM THE SENATE time. Our President will not yield, and creativity to look at all things in new A message from the Senate by Mr. he will not end the campaign against ways. Take us inside with our winter Lundregan, one of its clerks, an- those terrorists until we have success- questions and our desires to find hid- nounced that the Senate has passed fully concluded the mission. den but safe corners of peace. concurrent resolutions of the following f Guide the conversations and debates titles in which the concurrence of the over the tables of this Chamber, as well IRAN OPENS NEW MUSEUM House is requested: as the tables of American families, GLORIFYING TERRORISM business and law. Restrain us from talk S. Con. Res. 82. Concurrent resolution au- (Mr. TRAFICANT asked and was thorizing the 2002 Winter Olympics Torch of war as if we were talking about the Relay to come onto the Capitol Grounds. given permission to address the House weather or a sporting event, knowing S. Con. Res. 83. Concurrent resolution pro- for 1 minute and to revise and extend there is nothing we can do to change viding for a National Day of Reconciliation. his remarks.) things. Rather, let our words be born of Mr. TRAFICANT. Radio France has determined silence, careful listening, f reported that Iran has opened a new and reflective prayer. museum, ladies and gentlemen. It is It is You alone, O God, who can bring ANNOUNCEMENT BY THE SPEAKER called the Glass Palace. The Glass Pal- good out of evil and life from a frozen PRO TEMPORE ace is a depiction of the September 11 will. We turn to You in prayer because The SPEAKER pro tempore. The destruction of the World Trade Center. it is there that every perception can Chair announces that there will be 15 Iran reports said they have this mu- change. Even how we understand our- one-minutes per side. seum to glorify terrorism and mark the

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A14NO7.000 pfrm04 PsN: H14PT1 H8136 CONGRESSIONAL RECORD — HOUSE November 14, 2001 22nd anniversary of the taking of private companies’ only interest is people are public employees and many American hostages in Iran. Unbeliev- profit, not national security. Current of them are union members. able. baggage screeners are poorly paid, lack When we get serious about protecting While Uncle Sam continues to spoon- at times proper training and suffer our people, we put government employ- feed this guy Khatami, they are cele- from high turnover rates. Federaliza- ees on the front lines. It is time to get brating American tragedies. Beam me tion means less employee turnover, serious about airport security. That up. I say it is time to throw this more experience and better wages. means x-raying every single bag that Khatami guy out and recognize the Those who protect our skies should goes into the belly of an airplane, and democratic resistance located in Paris, be treated with the respect that their it means replacing today’s flawed sys- France, trying to overthrow this re- job demands. That respect means high- tem with the full resources, manpower gime and bring some democracy to er wages, more training and better and focus of the Federal Government. Iran. qualified individuals. All of these ob- Federalize airport security. President Bush has made some great jectives can be achieved by federaliza- f decisions. He would be wise to look at tion of the airline security. Federaliza- FREEDOM what is happening in Iran. tion means universal standards. f We need a sound airport security bill (Mr. PITTS asked and was given per- that would give the government the re- mission to address the House for 1 COMMENDING GAYLE BAINBRIDGE sponsibility of overseeing safety. In a minute and to revise and extend his re- AS PRESIDENT-ELECT OF WOM- recent Washington poll, 82 percent of marks.) EN’S CHAMBER OF COMMERCE the public support federalizing airport Mr. PITTS. Mr. Speaker, today in OF MIAMI-DADE COUNTY security. Kabul and other cities in northern Af- (Ms. ROS-LEHTINEN asked and was f ghanistan, men are shaving off their given permission to address the House beards. Women are going outside for 1 minute and to revise and extend PROTECT NATIONAL SECURITY BY unescorted by male relatives, and with- her remarks.) ASSURING OUR ENERGY SUPPLY out wearing burqas to cover themselves Ms. ROS-LEHTINEN. Mr. Speaker, I (Mr. GIBBONS asked and was given head to toe. Children are playing music am pleased to commend Gayle Bain- permission to address the House for 1 on their tape recorders. These may bridge as the President-elect of the minute and to revise and extend his re- seem like minor things, but they are Women’s Chamber of Commerce of marks.) minor things that the Afghan people Miami-Dade County. Gayle is a partner Mr. GIBBONS. Mr. Speaker, yester- have been denied for too long. with USI Florida-Kolisch Insurance of day President Bush decided to refill We need to remind ourselves that our Coral Gables, the fifth largest fully in- our national strategic petroleum re- freedoms are not free. They were won tegrated risk and financial services serves to full capacity. This is very by patriots who sometimes gave their provider in the world. critical and very important and I ap- lives. I am talking about the freedom Due to Gayle’s expertise, she serves plaud his decision. During this time of to worship according to your beliefs. If as an expert witness and has taught in- war, the last thing that our Nation you do that in Afghanistan, you are surance professionals their post-licen- needs to worry about is its energy sup- put to death. I am talking about the sure courses. Her community activities ply. Obviously our President has the freedom of the press. If you try to pub- include the Alumni Associations of foresight to try to prevent a domestic lish a newspaper in Iraq, you are both Southwest Miami Senior High and energy shortage as we saw last year, thrown in jail, never to return. I am Florida International University; and so did this Chamber and this House talking about the freedom of assembly. Board of Directors at the Coral Gables when we passed the Energy Security If you try to organize a political rally Chamber of Commerce; member of the Act months ago. Yet the Democratic in North Korea, you will wake up in a Women in International Trade, the leadership in that other body refuses to concentration camp. Commercial Real Estate Women Asso- act on this critical issue. We are truly blessed in this country ciation; and the Miami Chapter Presi- A majority of our energy supply and those freedoms are worth defend- dent of Business Network Inter- comes from one world region, the Mid- ing. That is why we are at war, for free- national. dle East. According to the Energy De- dom. Gayle exemplifies the ideals upon partment, the United States increased f which the Women’s Chamber was its oil imports between 1973 and 1996 by CONGRESS NEEDS TO PASS AIR- founded, an outstanding female profes- 40 percent. During these times of war, LINE SECURITY AND AN ECO- sional who leads by example. concentrating oil imports from any one NOMIC STIMULATION BILL Gayle Bainbridge will excel as Presi- region places America’s energy and dent-elect of the Women’s Chamber economic security at great risk. (Mr. HINCHEY asked and was given and will motivate young women to It is time to reduce our dependency permission to address the House for 1 strive, to achieve, and to become suc- on foreign oil. It is time for the Demo- minute and to revise and extend his re- cessful in the business arena. cratic leadership in the other body to marks.) f act and pass the Energy Security Act Mr. HINCHEY. Mr. Speaker, I am so it can be signed into law. afraid that this Congress is becoming AIRLINE SECURITY f less and less relevant to the important (Ms. SOLIS asked and was given per- concerns of people all across our coun- mission to address the House for 1 AIRPORT SECURITY try. Last month, a record number of minute and to revise and extend her re- (Mrs. MALONEY of New York asked Americans lost their jobs. Yet a pro- marks.) and was given permission to address gram to stimulate the national econ- Ms. SOLIS. Mr. Speaker, I rise today the House for 1 minute.) omy is still hanging fire here while in support of a strong airline security Mrs. MALONEY of New York. Mr. people try to profiteer by providing bill that federalizes airline screeners. Speaker, 2 days ago New York suffered huge tax cuts for the wealthy while Airline security is a national issue. another tragedy in the skies, another providing no help for people who are Eight weeks have passed since the at- day of mayhem, carnage, fire and tears. out of work. tacks on the World Trade Center, and As we pray for the families of the vic- The same thing is true with airline we still do not have a sound airline se- tims, Americans are again doubting security. We have a bill that has been curity bill. How much longer do we whether it is safe to fly. We need to in conference now for weeks. It is more have to wait? pass a strong airport security bill than 2 months since the disaster struck We have heard numerous reports of quickly. We have the best military in the World Trade Center and the Pen- passengers with knives and guns pass- the world, the best law enforcement tagon. Yet we have no program to pro- ing security checkpoints supervised by agencies, the best firefighters and po- vide security for the Americans who the companies that Republicans want lice officers and world-class security are traveling by air across our country to keep overseeing our security. These right here at the Capitol. All of these and internationally.

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.003 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8137 It is time this Congress got to work Here is the way we hope this will dorsed this. The Association of Flight and produced airline security and a work: We want to try to set aside five Attendants endorsed this. The U.S. proper economic stimulation bill. 1-minutes each day and recruit our col- Conference of Mayors endorsed fed- These are the things that are of most leagues to join with us, to just come eralization. The Senate also endorses concern to the American people. and make 1-minute statements about it, by 100 to zero. 100 Senators voted in f the victims of the events of September favor of it. 11. If this starts to catch on, then per- The U.S. should be a leader in airline b 1015 haps we will come and try to do a big- security. The size and complexity of PROVIDE JOBS, NOT WELFARE ger 1 hour special order, or, perhaps be- our system requires a Federal work- fore the event is over, try to do a major force that is professional, well-trained (Mr. TOOMEY asked and was given day of tribute to the victims of the and well-paid. We ask that we recon- permission to address the House for 1 events of September 11. sider, and ask the House to pass the minute and to revise and extend his re- I would like to invite my colleagues bill and federalize them as quickly as marks.) to join with us in this effort. We will possible. Mr. TOOMEY. Mr. Speaker, it is true; provide the materials and information there are hundreds, there are thou- f to our colleagues to make this possible, sands, of good and decent people who PASS AIRLINE SECURITY MEAS- and hope that they will join us in this are losing their jobs across the Lehigh URE REQUESTED BY PRESIDENT effort to pay tribute to those victims of Valley that I represent, certainly the September 11 events. (Mr. PENCE asked and was given per- across Pennsylvania and across Amer- f mission to address the House for 1- ica. These losses are hitting our fami- minute and to revise and extend his re- lies, our neighbors, our friends. No one HONORING THE VICTIMS OF marks.) is immune to this risk. SEPTEMBER 11, 2001 Mr. PENCE. Mr. Speaker, as the The fact is, the people that I rep- (Mrs. MYRICK asked and was given smoke rises from Rockaway in Queens, resent do not want to know how long permission to address the House for 1- New York, we grieve with those who they can stay out of work; they want minute and to revise and extend his re- grieve and mourn with those who to know how quickly they can get back marks.) mourn. Questions remain about the to work. And it is our responsibility to Mrs. MYRICK. Mr. Speaker, as my cause, and yet Congressional action on have policy that helps to create an en- colleague and friend, the gentleman airport security languishes, mired as it vironment of opportunity so they can from North Carolina (Mr. WATT) has is in the politics of the moment. get back to work, because that is what just said, we hope to be able to tell you As the gentlewoman from New York they want, and that means lowering something about these people who lost City who has lost friends in the last the huge tax barrier that stands be- their lives. week said so eloquently, it is time, Mr. tween employers and employees, cre- September 11 will be forever etched Speaker, to get serious. To get serious ating that opportunity to create those in the psyche of the American people, about airport security we need only do new jobs. and we cannot change that. But what one thing, and that is listen to the In this House we passed an economic we can change and tell you about is the President of the United States and his stimulus bill that moves in that direc- good that came out of the event and all National Security team and give them tion of creating more job opportuni- the new American heroes that we have, the airport security measures and pro- ties, but the Democratic majority lead- people who totally did things at that tocols that they have requested, which er in the other chamber refuses to time that normally we do not do in our happen to be the version that passed in bring a bill to the floor. That chamber everyday lives. But when they were the United States House of Representa- insists on dickering and dithering and called upon, they did what was right. tives. bickering and political squabbling. So we hope this does catch on, that Mr. Speaker, I urge the Members of They are talking about a so-called other people will be willing to join us the conference committee to be strong stimulus bill that will do nothing but in sharing all the good that came from and courageous and do the work; that line the pork-barrel politics and try to that, and let you know how tremen- before we go home to give thanks, we help out their own political futures and dous these people were that lost their would give the American people an air- do nothing for creating jobs. lives on September 11. port security bill that will work and It is long past time to have that type f that they so richly deserve. of squabbling. It time to lower the tax f barrier and give people the opportunity AIRLINE SECURITY IS NATIONAL to get back to work. SECURITY AVIATION SECURITY IS NATIONAL SECURITY f (Mr. RODRIGUEZ asked and was given permission to address the House (Ms. DELAURO asked and was given ANNOUNCEMENT BY THE SPEAKER for 1-minute and to revise and extend permission to address the House for 1- PRO TEMPORE his remarks.) minute and to revise and extend her re- The SPEAKER pro tempore (Mr. Mr. RODRIGUEZ. Mr. Speaker, avia- marks.) SIMPSON). Members are reminded to tion security is matter of national se- Ms. DELAURO. Mr. Speaker, just last avoid personal references to individual curity, protecting our skies is a matter week an individual breached several se- Members of the other body. of national defense, and we should not curity checkpoints at Chicago’s O’Hare f leave national security to the private Airport with six knives, a stun gun and companies that contract to the lowest a can of mace. How many more exam- PAYING TRIBUTE TO THE VICTIMS bidder. ples like this will be reported in the OF SEPTEMBER 11, 2001 The current system is broken. Con- press before we pass comprehensive air- (Mr. WATT of North Carolina asked tracting to the lowest bidder has cre- line security legislation making the se- and was given permission to address ated a workforce that suffers from high curity of the flying public a function of the House for 1 minute and to revise turnover rates, from low pay and low Federal law enforcement. and extend his remarks.) morale. Baggage screeners should be a Why not? As the aviation security Mr. WATT of North Carolina. Mr. highly skilled, highly trained work- conferees meet to work out an agree- Speaker, I am delighted today to join force that serves the frontline for our ment, I urge them to adopt the Senate with my Republican colleague, the gen- national defense. bill. It passed 100 to 0, and it makes tlewoman from North Carolina (Mrs. There is a broad, bipartisan support airline security the function of Fed- MYRICK), from the adjoining Congres- of this particular effort. The Wash- eral, professionally-trained law en- sional district to me, to start what we ington Post poll showed 82 percent of forcement officials. hope will be a bipartisan effort to pay Americans support Federal Govern- The Border Patrol, FBI, INS and Cus- tribute to all the victims of the events ment taking over the airport screen- toms Service are all Federal agencies of September 11. ing. The Airport Pilots Association en- that exist to protect the public. Capitol

VerDate 06-NOV-2001 01:03 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.005 pfrm04 PsN: H14PT1 H8138 CONGRESSIONAL RECORD — HOUSE November 14, 2001 Police are Federal employees. They children who have lost their parents. say yes, because we know that granting protect all of us. Why should we settle But I think we must now also pass an Trade Promotion Authority to the for anything less for the traveling pub- aviation security bill. It is national se- President so that he can pry open new lic? curity, and we must federalize it. markets around the world is not just Aviation security is national secu- Something else is left undone, and about our important global leadership rity. It should not be left to private that is to help my fellow Texans, role, but it is also about creating jobs companies who contract with the low- Dayna Curry and Heather Mercer. here in the United States. est bidder who have been in violation Since Kabul has fallen, these young I have had a difficult time under- of law. Christian women are finding them- standing how, over the years, people As we quickly approach Thanks- selves traveling throughout Afghani- have argued that it is anti-union to be giving, the busiest travel time of the stan, being taken by the Taliban who pro-free trade. The fact of the matter year, let us do the right thing. Let us knows where they are. is, working men and women in this pass an airline security bill that makes This Congress must stand up and country will be the beneficiaries if we airport security a critical component fight for them and help them return can break down those tariff barriers of our national security and a function home to their family. Let us give their that exist in Latin America, Asia and of Federal law enforcement. families the best Thanksgiving they other parts of the world. have ever had. Let us care about Dayna f Mr. Speaker, it is very important for and Heather, two young women who us to stand up, and when we do have PASS TRADE PROMOTION wanted to do nothing more but to help this vote, we need to have Democrats AUTHORITY the people of Afghanistan. Give them and Republicans alike join with us say- (Mr. LINDER asked and was given their freedom. That is work undone. ing that we are going to provide sig- permission to address the House for 1- Let us work to find Heather and nificant leadership globally, and we are minute and to revise and extend his re- Dayna. going to create job opportunities for marks.) f people right here in the United States Mr. LINDER. Mr. Speaker, in today’s RENEW TRADE PROMOTION of America. increasingly global world, we have two AUTHORITY f choices: We can lead, or we can follow. Historically, the United States has led (Mr. ISAKSON asked and was given COMMUNICATION FROM CHAIRMAN the race for global competitiveness, permission to address the House for 1- OF COMMITTEE ON TRANSPOR- and free and fair trade has been a sig- minute and to revise and extend his re- TATION AND INFRASTRUCTURE nificant factor in our economic growth. marks.) The Speaker pro tempore laid before Mr. ISAKSON. Mr. Speaker, I rise However, as we stand by and watch the House the following communica- today to talk about the benefits of H.R. other nations learn from and then sur- tion from the chairman of the Com- 3005, a bill to renew America’s Trade pass our example, we are quickly fall- mittee on Transportation and Infra- Promotion Authority and support our ing behind and jeopardizing our eco- structure, which was read and, without President’s key role in trade. nomic prosperity. America is the world’s most powerful objection, referred to the Committee While America sits on the sidelines of economy. Even prior to September 11, on Appropriations. international trade negotiations, the we were facing difficulties. Given our COMMITTEE ON TRANSPORTATION European Union has completed 27 free enormous presence in the world, Amer- AND INFRASTRUCTURE, trade agreements and is negotiating Washington, DC, November 8, 2001. ica’s leadership in trade is integral, not another 15. While America has Hon. J. DENNIS HASTERT, only to our economic recovery, but to watched, Mexico has completed trade Speaker, House of Representatives, The Capitol, the world’s. agreements with 25 countries. While Washington, DC. H.R. 3005 is a bipartisan compromise DEAR MR. SPEAKER: Enclosed please find President Bush has been without Trade that focuses on increasing the environ- copies of resolutions approved by the Com- Promotion Authority, other countries mental and labor dimension of U.S. mittee on Transportation and Infrastructure have assumed the lead in setting inter- trade policy, increasing the rights of on November 7, 2001, in accordance with 40 national standards and practices. In workers and protection of the environ- U.S.C. § 606. fact, there are more than 130 pref- ment, and opening trade markets Sincerely, DON YOUNG, erential trade agreements globally, and abroad for the health of our own econ- the United States is party to only two. Chairman. omy. Enclosure. Mr. Speaker, it is time for Congress Now is an important time for Amer- COMMITTEE RESOLUTION—LEASE—71 to squelch this new American timidity ica to be a model for the rest of the with regard to trade. We must return STEVENSON STREET, SAN FRANCISCO, CA world. TPA is necessary to help guide Resolved by the Committee on Transportation to our tradition of leadership, and not us through these difficult times, both endless pursuit of protectionism. We and Infrastructure of the U.S. House of Rep- at home and abroad. resentatives, That pursuant to section 7 of the must work to open markets, eliminate America has come to represent sta- Public Buildings Act of 1959, (40 U.S.C. § 606), tariffs and barriers, and ensure that bility in this uncertain world. Let us appropriations are authorized to lease up to our Nation remains at the forefront of pass H.R. 3005 and provide trade oppor- approximately 148,305 rentable square feet of economic success. We must pass Trade tunities to build our global economy. space including 23 inside parking spaces for Promotion Authority. the Department of Labor and Department of f Defense currently located in leased space at f TAKING A LEADERSHIP ROLE ON 71 Stevenson Street, San Francisco, CA, at a TIME TO ACT ON WORK LEFT TRADE proposed total annual cost of $12,605,925 for a UNDONE lease term of five years, a prospectus for (Mr. DREIER asked and was given which is attached to and included in this res- (Ms. JACKSON-LEE of Texas asked permission to address the House for 1- olution. and was given permission to address minute and to revise and extend his re- Approval of this prospectus constitutes au- the House for 1-minute and to revise marks.) thority to execute an interim lease for all and extend her remarks.) Mr. DREIER. Mr. Speaker, the very tenants, if necessary, prior to execution of Ms. JACKSON-LEE of Texas. Mr. important question pending out there, the new lease. Speaker, I speak this morning only on following along the lines of the speech- Provided, That the General Services Ad- one singular topic, the work left un- es of the gentleman from Georgia (Mr. ministration shall not delegate to any other done. So many of us have focused on agency the authority granted by this resolu- ISAKSON) and the gentleman from Geor- tion. September 11, and the charge of the gia (Mr. LINDER), is will the United American people has been to act. I States of America step up to the plate COMMITTEE RESOLUTION—LEASE—550 KEARNY thank them for having the opportunity and play its very important global STREET, SAN FRANCISCO, CA to debate House Concurrent Resolution leadership role? Resolved by the Committee on Transportation 228 on the floor of the House, to sup- I am convinced that, in a bipartisan and Infrastructure of the U.S. House of Rep- port promoting and giving benefits to way, this House will say yes. They will resentatives, That pursuant to section 7 of the

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Public Buildings Act of 1959, (40 U.S.C. § 606), D.C. at a proposed total annual cost of COMMITTEE RESOLUTION—LEASE—DEPART- appropriations are authorized to lease up to $12,258,360 for a lease term of ten years, a MENT OF VETERANS AFFAIRS, PHOENIX, AZ approximately 46,712 rentable square feet of prospectus for which is attached to and in- Resolved by the Committee on Transportation space including 14 inside parking spaces for cluded in this resolution. and Infrastructure of the U.S. House of Rep- the Executive Office of Immigration Review Approval of this prospectus constitutes au- resentatives, That pursuant to section 7 of the and the Immigration and Naturalization thority to execute an interim lease for all Public Buildings Act of 1959, (40 U.S.C. 606), Service currently located in leased space at tenants, if necessary, prior to execution of appropriations are authorized to lease up to 550 Kearny Street, San Francisco, CA, at a the new lease. approximately 105,675 rentable square feet of proposed total annual cost of $3,970,520 for a Provided, That the General Services Ad- space including 400 surface parking spaces lease term of two years, a prospectus for ministration shall not delegate to any other for the Department of Veterans Affairs cur- which is attached to and included in this res- agency the authority granted by this resolu- rently located in leased space at 3225 North olution. tion. Central Avenue in Phoenix, Arizona, at a Approval of this prospectus constitutes au- proposed total annual cost of $3,487,275 for a thority to execute an interim lease for all COMMITTEE RESOLUTION—LEASE AMEND- lease term of fifteen years, a prospectus for tenants, if necessary, prior to execution of MENT—IMMIGRATION AND NATURALIZATION which is attached to and included in this res- the new lease. SERVICE, MIAMI, FL olution. Provided, That the General Services Ad- Resolved by the Committee on Transportation Approval of this prospectus constitutes au- ministration shall not delegate to any other and Infrastructure of the U.S. House of Rep- thority to execute an interim lease for all agency the authority granted by this resolu- resentatives, That pursuant to section 7 of the tenants, if necessary, prior to execution of the new lease. tion. Public Buildings Act of 1959, (40 U.S.C. § 606), Provided, That the General Services Ad- appropriations are authorized to lease up to ministration shall not delegate to any other COMMITTEE RESOLUTION—LEASE—MULTIPLE approximately 226,000 rentable square feet of AGENCIES, SAN FRANCISCO, CA agency the authority granted by this resolu- space including 133 parking spaces for the tion. Resolved by the Committee on Transportation Immigration and Naturalization Service cur- and Infrastructure of the U.S. House of Rep- rently located in leased space at 7880 Bis- COMMITTEE RESOLUTION—LEASE—U.S. resentatives, That pursuant to section 7 of the cayne Boulevard, 77 SE 5th Street and 18441 BANKRUPTCY COURT, SAN FRANCISCO, CA Public Buildings Act of 1959, (40 U.S.C. § 606), NW 2nd Avenue, Miami, Florida, at a pro- Resolved by the Committee on Transportation appropriations are authorized to lease up to posed total annual cost of $6,102,000 for a and Infrastructure of the U.S. House of Rep- approximately 69,677 rentable square feet of lease term of fifteen years, a prospectus for resentatives, That pursuant to section 7 of the space including 8 inside parking spaces for which is attached to and included in this res- Public Buildings Act of 1959, (40 U.S.C.§ 606), the National Labor Relations Board, Equal olution. appropriations are authorized to lease up to Employment Opportunity Commission, Fed- Approval of this prospectus constitutes au- approximately 45,175 rentable square feet of eral Trade Commission, Department of En- thority to execute an interim lease for all space including 4 parking spaces for the U.S. ergy—Federal Energy Regulatory Commis- tenants, if necessary, prior to execution of Bankruptcy Court currently located in sion, and Federal Labor Relations currently the new lease. leased space at 235 Pine Street, San Fran- located in leased space at 901 Market Street, Provided, That the General Services Ad- cisco, California, at a proposed total annual San Francisco, CA, at a proposed total an- ministration shall not delegate to any other cost of $3,839,875 for a lease term of three nual cost of $5,922,545 for a lease term of agency the authority granted by this resolu- years, a prospectus for which is attached to seven years, a prospectus for which is at- tion. and included in this resolution. tached to and included in this resolution. Approval of this prospectus constitutes au- Approval of this prospectus constitutes au- COMMITTEE RESOLUTION—LEASE—U.S. thority to execute an interim lease for all thority to execute an interim lease for all ATTORNEYS, NEW YORK, NY tenants, if necessary, prior to execution of tenants, if necessary, prior to execution of Resolved by the Committee on Transportation the new lease. the new lease. and Infrastructure of the U.S. House of Rep- Provided, That the General Services Ad- Provided, That the General Services Ad- resentatives, That pursuant to section 7 of the ministration shall not delegate to any other ministration shall not delegate to any other Public Buildings Act of 1959, (40 U.S.C. 606), agency the authority granted by this resolu- agency the authority granted by this resolu- appropriations are authorized to lease up to tion. tion. approximately 67,316 rentable square feet of COMMITTEE RESOLUTION—LEASE— space of the U.S. Attorneys currently lo- DEPARTMENT OF STATE, WASHINGTON, DC COMMITTEE RESOLUTION—LEASE—800 NORTH cated in leased space at 100 Church Street, CAPITOL STREET, NW, WASHINGTON, DC New York, New York, at a proposed total an- Resolved by the Committee on Transportation Resolved by the Committee on Transportation nual cost of $3,493,700 for a lease term of ten and Infrastructure of the U.S. House of Rep- and Infrastructure of the U.S. House of Rep- years, a prospectus for which is attached to resentatives, That pursuant to section 7 of the resentatives, That pursuant to section 7 of the and included in this resolution. Public Buildings Act of 1959, (40 U.S.C.§ 606), Public Buildings Act of 1959, (40 U.S.C. § 606), Approval of this prospectus constitutes au- appropriations are authorized to lease up to appropriations are authorized to lease up to thority to execute an interim lease for all approximately 39,648 rentable square feet of approximately 218,720 rentable square feet of tenants, if necessary, prior to execution of space including 15 parking spaces for the De- partment of State currently located in space including 50 inside parking spaces for the new lease. the National Park Service, Federal Maritime Provided, That the General Services Ad- leased space at 400 C Street, SW, Wash- Commission, Department of Labor, and other ministration shall not delegate to any other ington, D.C. at a proposed total annual cost of $17,669,160 for a lease term of ten years, a tenants currently located in leased space at agency the authority granted by this resolu- prospectus for which is attached to and in- 800 North Capitol Street, NW in Washington, tion. cluded in this resolution. D.C., at a proposed total annual cost of Approval of this prospectus constitutes au- COMMITTEE RESOLUTION—LEASE—U.S. ARMY $9,842,400 for a lease term of ten years, a pro- thority to execute an interim lease for all CORPS OF ENGINEERS, PHILADELPHIA, PA spectus for which is attached to and included tenants, if necessary, prior to execution of in this resolution. Resolved by the Committee on Transportation the new lease. Approval of this prospectus constitutes au- and Infrastructure of the U.S. House of Rep- Provided, That the General Services Ad- thority to execute an interim lease for all resentatives, That pursuant to section 7 of the ministration shall not delegate to any other tenants, if necessary, prior to execution of Public Buildings Act of 1959, (40 U.S.C. 606), agency the authority granted by this resolu- the new lease. appropriations are authorized to lease up to tion. Provided, That the General Services Ad- approximately 114,000 rentable square feet of ministration shall not delegate to any other space including 25 inside parking spaces for COMMITTEE RESOLUTION—LEASE—ENVIRON- agency the authority granted by this resolu- the U.S. Army Corps of Engineers currently MENTAL PROTECTION AGENCY, WASHINGTON, tion. located in leased space at 100 Penn Square DC East, Philadelphia, Pennsylvania, at a pro- Resolved by the Committee on Transportation COMMITTEE RESOLUTION—LEASE—NATIONAL posed total annual cost of $3,420,000 for a and Infrastructure of the U.S. House of Rep- LABOR RELATIONS BOARD, WASHINGTON, DC lease term of ten years, a prospectus for resentatives, That pursuant to section 7 of the Resolved by the Committee on Transportation which is attached to and included in this res- Public Buildings Act of 1959, (40 U.S.C.§ 606), and Infrastructure of the U.S. House of Rep- olution. appropriations are authorized to lease up to resentatives, That pursuant to section 7 of the Approval of this prospectus constitutes au- approximately 97,000 rentable square feet of Public Buildings Act of 1959, (40 U.S.C. § 606), thority to execute an interim lease for all space including 15 parking spaces for the En- appropriations are authorized to lease up to tenants, if necessary, prior to execution of vironmental Protection Agency currently lo- approximately 272,408 rentable square feet of the new lease. cated at 501 3rd Street, NW, Washington, space including 10 inside parking spaces for Provided, That the General Services Ad- D.C. at a proposed total annual cost of the National Labor Relations Board cur- ministration shall not delegate to any other $4,365,000 for a lease term of ten years, a pro- rently located in leased space at Franklin agency the authority granted by this resolu- spectus for which is attached to and included Court, 1099 14th Street, NW in Washington, tion. in this resolution.

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Approval of this prospectus constitutes au- COMMITTEE RESOLUTION—LEASE—DEPART- $11,659,000 and an additional management thority to execute an interim lease for all MENT OF VETERANS AFFAIRS, CHICAGO, IL and inspection cost of $900,000, for a com- tenants, if necessary, prior to execution of Resolved by the Committee on Transportation bined additional estimated cost of $12,559,000. the new lease. and Infrastructure of the U.S. House of Rep- This resolution amends the Committee reso- Provided, That the General Services Ad- resentatives, That pursuant to section 7 of the lution of June 21, 2000, which authorized a ministration shall not delegate to any other Public Buildings Act of 1959, (40 U.S.C. § 606), total estimated project cost of $57,840,000 for agency the authority granted by this resolu- appropriations are authorized to lease up to the Post Office and Courthouse in Pitts- tion. approximately 113,000 rentable square feet of burgh, Pennsylvania. space for the Department of Veterans Affairs COMMITTEE RESOLUTION—LEASE—ENVIRON- currently located in the John C. Kluczynski COMMITTEE RESOLUTION—SITE AND DESIGN— MENTAL PROTECTION AGENCY, ARLINGTON, Federal Building at 536 S. Clark Street, Chi- UNITED STATES COURTHOUSE, AUSTIN, TX VA cago, Illinois and the Hines Hospital in Resolved by the Committee on Transportation Resolved by the Committee on Transportation Hines, Illinois, at a proposed total annual cost of $4,859,000 for a lease term of ten and Infrastructure of the U.S. House of Rep- and Infrastructure of the U.S. House of Rep- resentatives, That pursuant to Section 7 of resentatives, That pursuant to section 7 of the years, a prospectus for which is attached to and included in this resolution. the Public Buildings Act of 1959, (40 U.S.C. Public Buildings Act of 1959, (40 U.S.C. § 606), § 606), appropriations are authorized for site appropriations are authorized to lease up to Approval of this prospectus constitutes au- thority to execute an interim lease for all and design for the Construction of a 190,737 approximately 322,379 rentable square feet of gross square foot United States Courthouse, space and 17 inside parking spaces for the tenants, if necessary, prior to execution of the new lease. including 55 inside parking spaces, located in Environmental Protection Agency currently Austin Texas, at site cost of $9,000,000 and de- located in leased space at Crystal Gateway 1 Provided, That the General Services Ad- ministration shall not delegate to any other sign cost of $3,923,000 for a combined site and and Crystal Mall 2–3–4 in Crystal City area of design cost of $12,923,000, a prospectus for Arlington, Virginia, at a proposed total an- agency the authority granted by this resolu- tion. which is attached to, and included in, this nual cost of $10,960,886 for a lease term of ten resolution. years, a prospectus for which is attached to Provided, That any design shall, to the and included in this resolution. COMMITTEE RESOLUTION—LEASE—MINERAL MANAGEMENT SERVICE, METAIRIE, LA maximum extent possible incorporate shared Approval of this prospectus constitutes au- or collegial space, consistent with efficient thority to execute an interim lease for all Resolved by the Committee on Transportation court operations that will minimize the size tenants, if necessary, prior to execution of and Infrastructure of the U.S. House of Rep- and cost of the building to be constructed. the new lease. resentatives, That pursuant to section 7 of the Provided, That the General Services Ad- Public Buildings Act of 1959, (40 U.S.C. § 606), Provided further, That any design shall in- ministration shall not delegate to any other appropriations are authorized to lease up to corporate changes in the 1997 United States agency the authority granted by this resolu- approximately 203,624 rentable square feet of Courts Design Guide, including the imple- tion. space and 100 outside parking spaces for the mentation of a policy on shared courtrooms. Mineral Management Service currently lo- cated in leased space at 1201 Elmwood Blvd, COMMITTEE RESOLUTION—LEASE—EXECUTIVE COMMITTEE RESOLUTION—SITE AND DESIGN— Metairie, Louisiana, at a proposed total an- OFFICE OF THE PRESIDENT, WASHINGTON, DC UNITED STATES COURTHOUSE, JACKSON, MS nual cost of $5,905,096 for a lease term of ten Resolved by the Committee on Transportation years, a prospectus for which is attached to Resolved by the Committee on Transportation and Infrastructure of the U.S. House of Rep- and included in this resolution. and Infrastructure of the U.S. House of Rep- resentatives, That pursuant to section 7 of the Approval of this prospectus constitutes au- resentatives, That pursuant to Section 7 of Public Buildings Act of 1959, (40 U.S.C. § 606), thority to execute an interim lease for all the Public Buildings Act of 1959, (40 U.S.C. appropriations are authorized to lease up to tenants, if necessary, prior to execution of § 606), appropriations are authorized for site approximately 58,665 rentable square feet of the new lease. and design for the construction of a 345,963 space and 15 parking inside spaces for the Provided, That the General Services Ad- gross square foot United States Courthouse, Executive Office of the President, Office of ministration shall not delegate to any other including 68 inside parking spaces, located in National Drug Control Policy currently lo- agency the authority granted by this resolu- Jackson. Mississippi, at site cost of $6,500,000 cated in leased space at 750 17th Street, NW, tion. and design cost of $6,731,000 for a combined Washington, D.C. at a proposed total annual site and design cost of $13,231,000, a pro- cost of $2,639,925 for a lease term of ten COMMITTEE RESOLUTION—LEASE—EXECUTIVE spectus for which is attached to, and in- years, a prospectus for which is attached to OFFICE OF THE PRESIDENT, NORTHERN VIR- cluded in, this resolution. and included in this resolution. GINIA Provided, That any design shall, to the Approval of this prospectus constitutes au- Resolved by the Committee on Transportation maximum extent possible incorporate shared thority to execute an interim lease for all and Infrastructure of the U.S. House of Rep- or collegial space, consistent with efficient tenants, if necessary, prior to execution of resentatives, That pursuant to section 7 of the court operations that will minimize the size the new lease. Public Buildings Act of 1959, (40 U.S.C. § 606), and cost of the building to be constructed. Provided, That the General Services Ad- appropriations are authorized to lease up to Provided further, That any design shall in- ministration shall not delegate to any other approximately 257,400 rentable square feet of corporate changes in the 1997 United States agency the authority granted by this resolu- space and 1,100 parking spaces for the Execu- Courts Design Guide, including the imple- tion. tive Office of the President currently located mentation of a policy on shared courtrooms. in the NW Federal Credit Union, Vienna, Vir- COMMITTEE RESOLUTION—LEASE—FEDERAL ginia, and two leased buildings whose loca- COMMITTEE RESOLUTION—SITE AND DESIGN— BUREAU OF INVESTIGATION, TAMPA, FL tions are classified, at a proposed total an- UNITED STATES COURTHOUSE, FORT PIERCE, Resolved by the Committee on Transportation nual cost of $9,935,640 for a lease term of fif- FL and Infrastructure of the U.S. House of Rep- teen years, a prospectus for which is at- resentatives, That pursuant to section 7 of the tached to and included in this resolution. Resolved by the Committee on Transportation Public Buildings Act of 1959, (40 U.S.C. § 606), Approval of this prospectus constitutes au- and Infrastructure of the U.S. House of Rep- appropriations are authorized to lease up to thority to execute an interim lease for all resentatives, That pursuant to Section 7 of approximately 112,700 rentable square feet of tenants, if necessary, prior to execution of the Public Buildings Act of 1959, (40 U.S.C. space and 139 parking spaces for the Federal the new lease. § 606), appropriations are authorized for site Bureau of Investigation currently located in Provided, That the General Services Ad- and design for the construction of a 111,075 the R.L. Timberlake, Jr. Federal Building at ministration shall not delegate to any other gross square foot United States Courthouse, 500 Zack Street, the Spencer Building at 603– agency the authority granted by this resolu- including 15 inside parking spaces, located in 11 E. Cass Street and in leased space at Riv- tion. Fort Pierce, Florida, at site cost of $2,195,000 erside Plaza, Tampa, Florida, at a proposed and design cost of $2,370,000 for a combined total annual cost of $3,662,750 for a lease COMMITTEE RESOLUTION—ALTERATION— site and design cost of $4,565,000, a prospectus term of fifteen years, a prospectus for which AMENDMENT—U.S. POST OFFICE AND COURT- for which is attached to, and included in, is attached to and included in this resolu- HOUSE, PITTSBURGH, PA this resolution. tion. Resolved by the Committee on Transportation Provided, That any design shall, to the Approval of this prospectus constitutes au- and Infrastructure of the U.S. House of Rep- maximum extent possible incorporate shared thority to execute an interim lease for all resentatives, That pursuant to Section 7 of or collegial space, consistent with efficient tenants, if necessary, prior to execution of the Public Buildings Act of 1959, (40 U.S.C. court operations that will minimize the size the new lease. § 606), appropriations are authorized for the and cost of the building to be constructed. Provided, That the General Services Ad- alteration of the U.S. Post Office and Court- Provided further, That any design shall in- ministration shall not delegate to any other house located at 7th Avenue and Grant corporate changes in the 1997 United States agency the authority granted by this resolu- Street, Pittsburgh, Pennsylvania, at an addi- Courts Design Guide, including the imple- tion. tional estimated construction cost of mentation of a policy on shared courtrooms.

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COMMITTEE RESOLUTION—UNITED STATES Resolved by the Committee on Transportation nual cost of $5,411,925 for a lease term of ten DISTRICT COURT, GREEN BAY, WI and Infrastructure of the U.S. House of Rep- years, a prospectus for which is attached to Resolved by the Committee on Transportation resentatives, That pursuant to section 7 of the and included this resolution. and Infrastructure of the U.S. House of Rep- Public Buildings Act of 1959, (40 U.S.C. § 606), Approval of this prospectus constitutes au- resentatives, That pursuant to Section 11(b) of appropriations are authorized to lease up to thority to execute an interim lease for all the Public Buildings Act of 1959, (40 U.S.C. approximately 107,200 rentable square feet of tenants, if necessary, prior to execution of § 610), the Administrator of General Services warehouse space and 120 surface secure park- the new lease. shall investigate the feasibility and need to ing spaces for the Internal Revenue Service Provided, That the General Services Ad- construct or acquire a facility to house the currently located at 2898 South Orange Ave- ministration shall not delegate to any other United States District in Green Bay, Wis- nue in Fresno, California, at at a proposed agency the authority granted by this resolu- consin. The analysis shall include a full and total annual cost of $2,572,800 for a lease tion. complete evaluation including, but not lim- term of fifteen years, a prospectus for which ited to: (i) the identification and cost of po- is attached to and included in this resolu- COMMITTEE RESOLUTION—LEASE—CORPS OF tential sites and (ii) 30 year present value tion. ENGINEERS, JACKSONVILLE, FL evaluations of all options; including lease, Approval of this prospectus constitutes au- purchase, and Federal construction, and the thority to execute an interim lease for all Resolved by the Committee on Transportation purchase options of lease with an option to tenants, if necessary, prior to execution of and Infrastructure of the U.S. House of Rep- purchase or purchase contract. The Adminis- the new lease. resentatives, That pursuant to section 7 of the trator shall submit a report to Congress Provided, That the General Services Ad- Public Buildings Act of 1959, (40 U.S.C. § 606), within 60 days. ministration shall not delegate to any other appropriations are authorized to lease up to agency the authority granted by this resolu- approximately 167,000 rentable square feet of COMMITTEE RESOLUTION—LEASE—IMMIGRA- tion. space and 122 outside parking spaces for the TION AND NATURALIZATION SERVICES, PHOE- Corps of Engineers currently located at the NIX, AZ COMMITTEE RESOLUTION—LEASE—DEPART- Charles E. Bennett Federal Building, 400 W. Resolved by the Committee on Transportation MENT OF TRANSPORTATION, PRINCE Bay Street, and in leased space at Bell South and Infrastructure of the U.S. House of Rep- GEORGE’S COUNTY, MD Tower Building, 301 W. Bay Street in Jack- resentatives, That pursuant to Section 7 of Resolved by the Committee on Transportation sonville, Florida, at a proposed total annual the Public Buildings Act of 1959, (40 U.S.C. and Infrastructure of the U.S. House of Rep- cost of $4,175,000 for a lease term of ten § 606), appropriations are authorized to lease resentatives, That pursuant to section 7 of the years, a prospectus for which is attached to up to approximately 127,577 rentable square Public Buildings Act of 1959, (40 U.S.C. § 606), and including in this resolution. feet of space and 146 secured parking spaces appropriations are authorized to lease up to Approval of this prospectus constitutes au- for the Immigration and Naturalization approximately 130,000 rentable square feet of thority to execute an interim lease for all Services currently located in leased space at space and 7 parking spaces for the National tenants, if necessary, prior to execution of 3002–3006 West Clarendon, 2035 North Central Aeronautical Charting Office of the Depart- the new lease. Avenue and 400 North Fifth Street in Phoe- ment of Transportation currently located at Provided, That the General Services Ad- nix, Arizona, at a proposed total annual cost Herbert C. Hoover Building in Washington, ministration shall not delegate to any other of $4,210,041 for a lease term of ten years, a DC and in two leased locations in Prince agency the authority granted by this resolu- prospectus for which is attached to and in- George’s County, Maryland, at a proposed tion. cluded in this resolution. total annual cost of $3,120,000 for a lease Approval of this prospectus constitutes au- term of ten years, a prospectus for which is COMMITTEE RESOLUTION—LEASE—INTERNAL thority to execute an interim lease for all attached to and included in this resolution. REVENUE SERVICE, FRESNO, CA tenants, if necessary, prior to execution of Approval of this prospectus constitutes au- Resolved by the Committee on Transportation the new lease. thority to execute an interim lease for all Provided, That the General Services Ad- and Infrastructure of the U.S. House of Rep- tenants, if necessary, prior to execution of ministration shall not delegate to any other resentatives, That pursuant to section 7 of the the new lease. agency the authority granted by this resolu- Public Buildings Act of 1959, (40 U.S.C. § 606), Provided, That the General Services Ad- tion. appropriations are authorized to lease up to ministration shall not delegate to any other approximately 178,000 rentable square feet of agency the authority granted by this resolu- COMMITTEE RESOLUTION—LEASE—DRUG EN- space and 800 structured parking spaces for tion. FORCEMENT ADMINISTRATION, ALAMEDA/ the Internal Revenue Service located at East CONTRA COSTA COUNTY, CA Butler Avenue in Fresno, California, at a COMMITTEE RESOLUTION—LEASE— Resolved by the Committee on Transportation proposed total annual cost of $6,230,000 for a DEPARTMENT OF DEFENSE, ALEXANDRIA, VA and Infrastructure of the U.S. House of Rep- lease term of fifteen years, a prospectus for resentatives, That pursuant to section 7 of the Resolved by the Committee on Transportation which is attached to and included in this res- Public Buildings Act of 1959, (40 U.S.C. § 606), and Infrastructure of the U.S. House of Rep- olution. appropriations are authorized to lease up to resentatives, That pursuant to section 7 of the Approval of this prospectus constitutes au- approximately 52,119 rentable square feet of Public Buildings Act of 1959, (40 U.S.C. § 606), thority to execute an interim lease for all space and 11 outside parking spaces for the appropriations are authorized to lease up to tenants, if necessary, prior to execution of Drug Enforcement Administration currently approximately 565, 128 rentable square feet of the new lease. space and 40 outside parking spaces for the located at 390 Main Street in San Francisco, Provided, That the General Services Ad- department of Defense currently located at California, at a proposed total annual cost of ministration shall not delegate to any other the AMC Building, 5001 Eisenhower Avenue $3,231,378 for a lease term of fourteen years, agency the authority granted by this resolu- in Alexandria Virginia, at a proposed total a prospectus for which is attached to and in- tion. cluded in this resolution. annual cost of $19,214,352 for a lease term of Approval of this prospectus constitutes au- ten years, a prospectus for which is attached COMMITTEE RESOLUTION—LEASE—FEDERAL thority to execute an interim lease for all to and included in this resolution. BUREAU OF INVESTIGATIONS, CHICAGO, IL tenants, if necessary, prior to execution of Approval of this prospectus constitutes au- the new lease. thority to execute an interim lease for all Resolved by the Committee on Transportation Provided, That the General Services Ad- tenants, if necessary, prior to execution of and Infrastructure of the U.S. House of Rep- ministration shall not delegate to any other the new lease. resentatives, That pursuant to section 7 of the agency the authority granted by this resolu- Provided, That the General Services Ad- Public Buildings Act of 1959, (40 U.S.C. § 606), tion. ministration shall not delegate to any other appropriations are authorized to lease up to agency the authority granted by this resolu- approximately 393,674 rentable square feet of COMMITTEE RESOLUTION—LEASE—INTERNAL tion. space and 520 parking spaces for the Federal REVENUE SERVICE, FRESNO, CA Bureau of Investigation currently located in Resolved by the Committee on Transportation COMMITTEE RESOLUTION—LEASE—DEPART- several Federal and leased locations in Chi- and Infrastructure of the U.S. House of Rep- MENT OF HEALTH AND HUMAN SERVICES, SE- cago, Illinois, at a proposed total annual cost resentatives, That pursuant to section 7 of the ATTLE, WA of $20,667,885 for a lease term of fourteen Public Buildings Act of 1959, (40 U.S.C. § 606), Resolved by the Committee on Transportation years, a prospectus for which is attached to appropriations are authorized to lease up to and Infrastructure of the U.S. House of Rep- and included in this resolution. approximately 122,000 rentable square feet of resentatives, That pursuant to section 7 of the Approval of this prospectus constitutes au- office space and 690 structured secure park- Public Buildings Act of 1959, (40 U.S.C. § 606), thority to execute an interim lease for all ing spaces for the Internal Revenue Service appropriations are authorized to lease up to tenants, if necessary, prior to execution of currently located at 2867 S. East Street in approximately 120,265 rentable square feet of the new lease. Fresno, California, at a proposed total an- space and 22 inside parking spaces for the Provided, That the General Services Ad- nual cost of $4,270,000 for a lease term of fif- Department of Health and Human Services ministration shall not delegate to any other teen years, a prospectus for which is at- currently located at 2201 Sixth Avenue in Se- agency the authority granted by this resolu- tached to and included in this resolution. attle, Washington, at a proposed total an- tion.

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COMMITTEE RESOLUTION—DESIGN—PASO DEL COMMITTEE RESOLUTION—FEDERAL BUILDING conference report to accompany the bill NORTE BORDER STATION EL PASO, TX AND UNITED STATES COURTHOUSE, CHAR- (H.R. 2500) making appropriations for the De- Resolved by the Committee on Transportation LOTTE, NC partments of Commerce, Justice, and State, and Infrastructure of the U.S. House of Rep- Resolved by the Committee on Transportation the Judiciary, and related agencies for the resentatives, That pursuant to Section 7 of and Infrastructure of the U.S. House of Rep- fiscal year ending September 30, 2002, and for the Public Buildings Act of 1959, (40 U.S.C. resentatives, That pursuant to Section 11(b) of other purposes. All points of order against § 606), appropriations are authorized for de- the Public Buildings Act of 1959, (40 U.S.C. the conference report and against its consid- sign for the construction of a 115,139 gross § 610), the Administrator of General Services eration are waived. The conference report square foot United States Border Station, in- shall investigate the feasibility and need to shall be considered as read. cluding 375 outside parking spaces, located in construct a U.S. courthouse in Charlotte, The SPEAKER pro tempore. The gen- El Paso, Texas, at a design cost of $2,200,000, NC. The Administrator may consider uti- tleman from Georgia (Mr. LINDER) is a prospectus for which is attached to, and in- lizing the United States Postal Service as recognized for 1 hour. cluded in, this resolution. the developer of the facility. Additionally, Mr. LINDER. Mr. Speaker, for the the Committee directs the Administrator to COMMITTEE RESOLUTION—SITE AND DESIGN— study with the City of Charlotte and the purpose of debate only, I yield the cus- UNITED STATES BORDER STATION, CHAM- United States Postal Service all proposals to tomary 30 minutes to the gentleman PLAIN, NY mitigate the cost to the Federal government from Ohio (Mr. HALL), pending which I Resolved by the Committee on Transportation of acquiring land for the new United States yield myself such time as I may con- and Infrastructure of the U.S. House of Rep- courthouse. In addition, the Administrator is sume. During consideration of this res- resentatives, That pursuant to Section 7 of directed to include in the aforementioned olution, all time yielded is for the pur- the Public Buildings Act of 1959, (40 U.S.C. proposals all methods to provide for the con- pose of debate only. § 606), appropriations are authorized for site solidation of federal offices as well as space Mr. Speaker, H. Res. 286 is a rule pro- and design for the construction of a 72,612 for the U.S. Courts. The analysis shall in- viding for the consideration of the con- gross square foot United States Border Sta- clude a full and complete evaluation includ- tion, including 510 outside parking spaces, ing, but not limited to: (i) the identification ference report for H.R. 2500, the fiscal located in Champlain, New York, at site cost and cost of potential sites, including United year 2002 Commerce, Justice, State ap- of $409,000 and design cost of $3,391,000 for a States Postal Service sites and city owned propriations bill. combined site and design cost of $3,800,000, a sites and (ii) 30 year present value evalua- The rule waives all points of order prospectus for which is attached to, and in- tions of all options; including lease, pur- against the conference report, and cluded in, this resolution. chase, Federal construction, United States against its consideration. It also pro- Postal Service construction, and the pur- vides that the conference report shall COMMITTEE RESOLUTION—AMENDMENT, AL- chase options of lease with an option to pur- be considered as read. TERATION—FRANK M. JOHNSON, JR. FED- chase or purchase contract. The Adminis- ERAL BUILDING—UNITED STATES COURT- trator shall submit a report to Congress The underlying bill, H.R. 2500, pro- HOUSE, MONTGOMERY, AL within 60 days. vides a total of roughly $42 billion in Resolved by the Committee on Transportation funding for a variety of various depart- and Infrastructure of the U.S. House of Rep- COMMITTEE RESOLUTION—AMENDMENT— ments and agencies, about $1 billion resentatives, That pursuant to Section 7 of UNITED STATES COURTHOUSE, SALT LAKE more than the current fiscal year and the Public Buildings Act of 1959, (40 U.S.C. CITY, UT $700 million more than President § 606), appropriations are authorized for al- Resolved by the Committee on Transportation Bush’s budget request. teration of the Frank M. Johnson, Jr. Fed- and Infrastructure of the U.S. House of Rep- eral Building—United States Courthouse lo- resentatives, That pursuant to Section 7 of b 1030 cated at 15 Lee Street, Montgomery, Ala- the Public Buildings Act of 1959, (40 U.S.C. This bill represents the eighth appro- bama at an additional management and in- § 606), appropriations are authorized for addi- priations conference report that we spection cost and additional estimated con- tional site for the construction of a 229,300 have been able to bring to the floor, as struction cost of $4,000,000 for a combined es- gross square foot United States Courthouse timated total project cost of $16,594,000, a the Congress works with the Bush ad- annex, including 78 inside parking spaces, lo- ministration to put into place a fiscal prospectus for which is attached to, and in- cated in Salt Lake City, Utah, at additional cluded in , this resolution. This resolution design site cost of $5,680,000. This resolution year 2002 budget. As the Congress con- amends the Committee Resolution approved amends the Committee resolution approved tinues to make progress on moving ap- on May 27, 1999, which authorized manage- September 27, 1996, which authorized site ac- propriations bills through the legisla- ment and inspection cost of $959,000 and an quisition at a cost of $6,901,000, and amends tive process, we can hopefully make estimated construction cost of $10,647,000, for Committee resolution approved July 23, 1997, progress toward completing our legis- a combined estimated total project cost of authorizing design cost of $4,918,000, a pro- lative agenda for this year as quickly $11,606,000. spectus for which is attached to, and in- as possible. cluded in, this resolution. I urge my colleagues to support this COMMITTEE RESOLUTION—AMEMDMENT— Provided, That any design shall, to the UNITED STATES COURTHOUSE, ORLANDO, FL maximum extent possible incorporate shared rule so that we may proceed with gen- Resolved by the Committee on Transportation or collegial space, consistent with efficient eral debate and consideration of this and Infrastructure of the U.S. House of Rep- court operations that will minimize the size bipartisan bill. resentatives, That pursuant to Section 7 of and cost of the building to be constructed. Mr. Speaker, I reserve the balance of the Public Buildings Act of 1959, (40 U.S.C. Provided further, that any design shall in- my time. § 606), appropriations are authorized for addi- corporate changes in the 1997 United States Mr. HALL of Ohio. Mr. Speaker, I tional design for the construction of a 257,050 Courts Design Guide, including the imple- want to thank the gentleman from gross square foot United States Courthouse, mentation of a policy on shared courtrooms. Georgia (Mr. LINDER) for yielding me including 35 inside parking spaces and 200 There was no objection. surface parking spaces, located in Orlando, this time, and I yield myself such time Florida, at additional design cost of f as I may consume. This rule will allow for consideration $4,000,000. This resolution amends the Com- WAIVING POINTS OF ORDER mittee resolution approved May 17, 1994, of the conference report to accompany AGAINST CONFERENCE REPORT which authorized site acquisition at a cost of H.R. 2500. The rule waives all points of ON H.R. 2500, DEPARTMENTS OF $7,724,000, which was amended by Committee order against the conference report. COMMERCE, JUSTICE, AND resolution approved July 23, 1997, author- The bill responds to America’s need STATE, THE JUDICIARY, AND RE- izing additional site acquisition by $748,000, for increased domestic security fol- and which amends Committee resolution ap- LATED AGENCIES APPROPRIA- lowing the attacks of September 11. proved October 29, 1997 which authorized TIONS ACT, 2002 $2,972,000 for design, a prospectus for which is The bill funds important activities of attached to, and included in, this resolution. Mr. LINDER. Mr. Speaker, by direc- the Justice Department that will Provided, That any design shall, to the tion of the Committee on Rules, I call counter the threat of terrorists. It also maximum extent possible incorporate shared up House Resolution 286 ask for its im- funds much needed security improve- or collegial space, consistent with efficient mediate consideration. ments in our Nation’s embassies over- court operations that will minimize the size The Clerk read the resolution, as fol- seas. It also increases money for pro- and cost of the building to be constructed. lows: Provided further, That any design shall in- tection of the courts. corporate changes in the 1997 United States H. RES. 286 The bill also funds our Nation’s dues Courts Design Guide, including the imple- Resolved, That upon adoption of this reso- payment to the United Nations, and mentation of a policy on shared courtrooms. lution it shall be in order to consider the that will help strengthen the United

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A14NO7.018 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8143 Nations, which is needed even more en a bill proposed by the administra- equate to terrorism. We have to be re- than ever during these troubled times. tion on this subject. I also want to minded of our values in this country, I want to commend the gentleman thank Ambassador Zoellick and his and that is that people who come here from Virginia (Mr. WOLF), the chair- staff and the staff at the State Depart- for justice and to escape prosecution man of the Subcommittee on Com- ment for their efforts. and persecution, we should not penalize merce, Justice, State, and the Judici- If the House fails to take up this bill, them. We should separate them from ary, and the gentleman from New York or if we settle for a weak substitute, we those who have come to do evil and to (Mr. SERRANO), the subcommittee will hurt ourselves, the Americans and do misdeeds. These are not the people ranking member, for their work on this Africans who deserve protection from that we are dealing with. bill. In recent years, these appropria- terrorists and rebels, and the jewelers I also would like to ask this House to tions bills, or especially this one, was in every community in this country. I bring that bill up, as it is important one of the most controversial and want to take this opportunity to urge that 245(i) get passed. among the last to be considered. Under the Bush administration to work with I am pleased, however, that we have the able leadership of the gentleman this effort. looked at the Advanced Technology from Virginia (Mr. WOLF), who is new Mr. Speaker, it is important for the Program and we are funding that. to the chairmanship of the sub- House to pass this conference report so Hopefully, I will be able to join in that committee, the bill has moved with we can move closer to completing all of program with a technology center in speed and bipartisanship. the regular appropriation bills. I urge the Fifth Ward of Houston, Texas, try- I want to take this opportunity to ex- adoption of the rule and of the bill. ing to ensure that we close the digital press concerns about the decreasing Mr. Speaker, I reserve the balance of divide. It is extremely important. number of special agents of the FBI. my time. I have been working on the Homeland Special agents help investigate a wide Mr. LINDER. Mr. Speaker, I reserve Security Task Force with the gen- range of criminal activities, including the balance of my time. tleman from New Jersey (Mr. MENEN- DEZ), who is chair of that task force. organized crime, drug dealing, civil Mr. HALL of Ohio. Mr. Speaker, I Many Members are working very, very rights violations, foreign counterintel- yield 3 minutes to the gentlewoman hard. We realize how important it is to ligence, terrorism, government fraud, from Texas (Ms. JACKSON-LEE). restructure the INS. I believe that an and bank robberies. Not only has the Ms. JACKSON-LEE of Texas. Mr. approach I have offered, H.R. 1562, to number of special agents decreased, but Speaker, I thank the distinguished gen- restructure the INS with the head Dep- many are nearing retirement age and tleman from Ohio (Mr. HALL), and I uty Attorney General or the Associate the FBI could find itself in a critical thank the gentleman from Georgia Attorney General is the way to go. But shortage. (Mr. LINDER). this bill at least acknowledges mini- For example, in the FBI office in the As a member of the Committee on mally the importance of adding more City of Dayton, which is my district, the Judiciary, this is an important ap- Border Patrol, the importance of pro- the number of special agents has de- propriations bill. I want to thank the viding services to increase the oppor- clined by 50 percent in the last 20 gentleman from Virginia (Mr. WOLF) tunity for people who have been wait- years, while the responsibility of the and the gentleman from New York (Mr. ing in line for 20 years because their office has increased, and the problem is SERRANO) for their leadership. I rise to paperwork has been lost or the INS has only made worse with the recent in- support the rule and I rise to support not processed them to move forward on creased demand on the FBI to focus re- the bill, with concerns, with qualifica- helping these individuals access citi- sources on fighting terrorists. Other tions. Let me first acknowledge the impor- zenship. traditional activities of the FBI will What I believe is missing here, how- tance of supporting the COPS Program, suffer unless more agents are hired. I ever, is more dollars to secure not only which includes $1.1 billion for commu- hope that the FBI can use the funding the southern border, but the northern in this bill to hire more special agents. nity-oriented policing. That is going to border. That is where we need addi- Finally, I note that the Senate be particularly helpful, Mr. Speaker, tional assistance in technology, and we version of this bill contained the Clean because so many of our first responders are going to have to be able to work Diamonds Act that would have begun are under extreme stress as we work in our will on a homeland security supple- to put an end to the scourge of conflict the shadow of September 11, and these mental, I hope, or dollars going into a diamonds. These are diamonds that are dollars will be very helpful. Legal Serv- supplemental that include homeland mined in parts of Africa that are con- ices Corporation, I still believe in the security. We need infrared technology. trolled by brutal rebels who use their value of the sixth amendment and pro- We need to expand the biometric card profits to maintain the grip on the ter- viding for legal services to all Ameri- that will allow us to utilize that card. ritory. Recently we learned that some cans. I had hoped that there could be It is extremely important. of the profits help fund Osama bin more money, but I appreciate the ap- Let me conclude, Mr. Speaker, and Laden and his terrorist network. Un- propriations there. show my appreciation for again local fortunately, the provisions of that Act We are disappointed in the cut in the law enforcement grants that are going were stripped out of this conference re- Small Business Administration and to provide block grants to local law en- port. hope that maybe as we work our will, forcement, again, first responders, the The Clean Diamonds Act is supported that this may be fixed soon in the next utilization for that. The violence by a remarkable coalition of human year’s appropriation. Many of our against women grants that we have rights, faith groups, and the diamond small businesses across America are worked so hard for provides $391 mil- industry, including Amnesty Inter- being hurt, and we should be reminded lion. national, World Vision, Oxfam Amer- of the support that they need in these I close finally on something that is ican, Physicians for Human Rights, times. It is good to see that those indi- extremely important. I chair the Con- Jewelers of America, and the World Di- viduals who lost sponsors of citizenship gressional Children’s Caucus, along amond Council. rights, meaning they were sponsoring with the gentlewoman from Florida During a recent colloquy on the individuals to become citizens, were (Ms. ROS-LEHTINEN), and I want to ex- House floor, the gentleman from Cali- able to continue that process by grant- press my appreciation for the $1 mil- fornia (Mr. THOMAS), the chairman of ing those individuals the right to pro- lion for a youth violence prevention the Committee on Ways and Means, ceed towards citizenship, even though initiative that will be utilized by the promised to move the Clean Diamonds their sponsors were killed on Sep- Houston Independent School District Act’s House companion, H.R. 2722, as a tember 11. and the City of Houston. This is ex- separate bill. I appreciate the efforts of I am disappointed however, again, tremely important, because even as we the chairman, the gentleman from that we did not follow the Senate’s confront these terrible incidences that California (Mr. THOMAS), as well as the guide and extend 245(i). I believe we are have occurred in our Nation, let us not gentleman from New York (Mr. RAN- going to have to bring that bill up sep- forget our children. Let us teach them GEL), and certainly the gentleman from arately. This is legal amnesty, access to be peaceful and nonviolent. Let us New York (Mr. HOUGHTON) to strength- to citizenship. Immigration does not help save their lives.

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.013 pfrm04 PsN: H14PT1 H8144 CONGRESSIONAL RECORD — HOUSE November 14, 2001 I rise again to support the rule and Mr. HALL of Ohio. Mr. Speaker, with Today I am pleased to bring to the the legislation, with concerns, and I that, I would just say please support House floor the conference report on hope we can work our will on some of the rule and the bill. I think it is in the fiscal year 2002 Commerce, Justice, those concerns. pretty good shape. State and Judiciary appropriations. Mr. LINDER. Mr. Speaker, I continue Mr. Speaker, I yield back the balance The conference report represents a to reserve the balance of my time. of my time. sound bill, funding continuing and ex- Mr. HALL of Ohio. Mr. Speaker, I Mr. LINDER. Mr. Speaker, I urge panded operations for the Departments yield 2 minutes to the gentleman from support for the rule and the bill. and agencies under the subcommittee’s Utah (Mr. MATHESON). Mr. Speaker, I yield back the balance jurisdiction, most importantly, those Mr. MATHESON. Mr. Speaker, I rec- of my time, and I move the previous that would help make America safer in ognize that much of this bill I am very question on the resolution. the wake of the September 11, 2001, ter- supportive of, but I want to talk about The previous question was ordered. rorist attack on the United States. one component that has been left out The resolution was agreed to. The bill provides resources for crit- of this bill. A motion to reconsider was laid on ical programs to both prosecute those Many years ago, about 1990, Congress the table. responsible and prevent future attacks. passed something called the Radiation We have provided significant increases Exposure Compensation Act. At that f for the Federal Bureau of Investiga- time, Congress admitted, the Federal RECESS tion, the Immigration and Naturaliza- Government admitted that it had lied The SPEAKER pro tempore. Pursu- tion Service, the State Department, to people in this country about the ant to clause 12 of rule I, the Chair de- and State and local law enforcement. safety, the safety of open air nuclear clares the House in recess subject to These increases will provide the tools testing, the safety of those who worked the call of the Chair. and resources necessary to fight ter- in the uranium mines. I have constitu- Accordingly (at 10 o’clock and 43 rorism here in America, make our bor- ents in my State, in my State who are minutes a.m.), the House stood in re- ders more secure, and build a multilat- dying from these conditions. Congress cess subject to the call of the Chair. admitted they were at fault, that the eral coalition against terrorism. f Today, I would like to thank the gen- Federal Government lied to these folks tleman from New York (Mr. SERRANO), and they said, we are going to com- b 1258 the ranking member of our sub- pensate you for this. AFTER RECESS But something interesting happened committee, for his support throughout in the past year. We did not appro- The recess having expired, the House this entire process. He has helped us priate enough money. So we had people was called to order by the Speaker pro get a strong bill through the House, literally dying that were sent letters tempore (Mr. HASTINGS of Washington) and I appreciate it very much. saying, well, you do qualify for this at 12 o’clock and 58 minutes p.m. b 1300 f compensation, we just do not have I would also like to extend my sym- money from Congress to pay you. GENERAL LEAVE pathies to my colleague with respect to Now, we took care of it this year on the terrorist attacks on New York a short-term basis with a supplemental Mr. WOLF. Mr. Speaker, I ask unani- City. His community lost family and appropriation, and that was fine and mous consent that all Members may friends, and I, along with my col- good. We got payments to some of have 5 legislative days within which to leagues, send our heartfelt sympathies those folks before they died, but there revise and extend their remarks on the to all the families who lost so many in is no reason for us to have to go conference report accompanying H.R. these horrendous attacks and in the through this on a year-by-year basis. 2500, and that I may include tabular We should make this a mandatory com- and extraneous material. plane crash on Monday in New York. ponent. It is not in the Commerce- The SPEAKER pro tempore. Is there Twenty-seven of my constituents, and State-Justice conference report that objection to the request of the gen- many others from the Northern Vir- we are looking at now. tleman from Virginia? ginia region, were also killed in the at- It is my understanding, however, There was no objection. tack on the Pentagon, and we are in- that on the Senate side there is discus- f deed privileged to have the ability to work on a bill that will help our com- sion about making this a more perma- CONFERENCE REPORT ON H.R. 2500, nent program in the defense authoriza- munities recover from the events of DEPARTMENTS OF COMMERCE, September 11 and will have a positive tion. I hope that we can reach agree- JUSTICE, AND STATE, THE JUDI- ment on that. We have not had that impact on the security needs of our CIARY, AND RELATED AGENCIES great Nation. bill move through the House yet. But it APPROPRIATIONS ACT, 2002 is imperative, it is imperative that we I also want to extend my thanks to recognize the wrongs that we have Mr. WOLF. Mr. Speaker, pursuant to Chairman HOLLINGS and Senator committed and that we provide these House Resolution 286, I call up the con- GREGG, and to all the members of our good folks with compensation. ference report on the bill (H.R. 2500) subcommittee; the gentleman from I can tell my colleagues from my own making appropriations for the Depart- Kentucky (Mr. ROGERS), the gentleman personal experience, my family had ments of Commerce, Justice, and from North Carolina (Mr. TAYLOR), the many people living in southern Utah State, the Judiciary, and related agen- gentleman from Ohio (Mr. REGULA), the during the open air nuclear testing cies for the fiscal year ending Sep- gentleman from Iowa (Mr. LATHAM), during the 1950s. Many people have died tember 30, 2002, and for other purposes. the gentleman from Florida (Mr. MIL- of cancer at an early age. There is no The Clerk read the title of the bill. LER), and the gentleman from Lou- question that it is related to what was The SPEAKER pro tempore. Pursu- isiana (Mr. VITTER) of the majority, going on with the open air testing, and ant to the rule, the conference report is and in addition to the gentleman from they were told, they were told by the considered as having been read. New York (Mr. SERRANO), our ranking government that it was safe. Yet we (For conference report and state- member, the gentleman from West Vir- found out later on the government only ment, see proceedings of the House of ginia (Mr. MOLLOHAN), the gentle- did that open air nuclear testing when Friday, November 9, 2001 at page woman from California (Ms. ROYBAL- the prevailing winds took the fallout to H7986.) ALLARD), the gentleman from Alabama the least populated areas, which hap- The SPEAKER pro tempore. The gen- (Mr. CRAMER), the gentleman from pened to be southern Utah. tleman from Virginia (Mr. WOLF) and Rhode Island (Mr. KENNEDY) of the mi- So as I say, while many aspects of the gentleman from New York (Mr. nority. this bill I support, I am disappointed SERRANO) each will control 30 minutes. Today, I believe we have written a that this was omitted from this con- The Chair recognizes the gentleman bill that will support the country as it ference report. I hope and urge Con- from Virginia (Mr. WOLF). strives to meet its new challenges and gress to take up this matter in the de- Mr. WOLF. Mr. Speaker, I yield my- as it works to secure freedom from fear fense authorization bill. self such time as I may consume. and terrorism.

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.018 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8145 At this point I want to take a few do not do this. This will make it man- have some sort of monument or rec- moments to thank our staff for the datory so that INS can see who is com- ognition on the site where the Marines hard work in bringing the bill to the ing into the country before they come were actually killed, and I will look floor. Mr. Speaker, this staff of fine, in. forward to seeing that memorial some- young professionals has worked tire- Following this new provision, the bill day. This report will make sure that lessly, day and night, weekend after also provides for a $1 immigration in- there is some recognition somewhere in weekend to put this bill together. The spection fee increase for air travelers that country they gave their lives on staff of the Subcommittee on Com- and a new $3 immigration inspection behalf of this country. merce, Justice and State epitomizes fee on cruise ship passengers. These This bill also provides $5.5 billion for the top-notch professionals who are in changes will enable the INS to con- the Commerce Department to protect the legislative branch. They are un- tinue development of the system it our environment and enhance trade sung heroes. Because of their hard uses to track entry and exit of airline promotion efforts, a $272 million in- work, we are sending a bill to the and cruise ship passengers, and sup- crease over fiscal year 2001. President that will enhance the secu- ports the joint INS/Customs passenger We are also providing an increase of rity of all Americans in the fight analysis units that identify, prior to $353 million, for a total of $4.3 billion, against terrorism. arrival, inadmissible aliens, drug traf- for the Judiciary, for the protection of On the majority staff, I am grateful fickers, and terrorists. the courts and our judicial process. to Leslie Albright, Carrie Hines, Chris- The bill includes legislative language This funding level also provides for the tine Kojak, Julie Miller, Mike Ringler, that would grant posthumously, citi- initial stage of the renovation of the and Gail Del Balzo, the Staff Director. zenship to people who died in the Sep- Supreme Court, which is very, very I also express my appreciation to the tember 11 terrorist attacks while they necessary. minority staff. This bill is truly in were in the process of becoming Amer- Overall, Mr. Speaker, this conference every sense of the word a bipartisan ef- ican citizens. This was the idea of the report is a sound and fair resolution on fort, and I cannot say enough about the gentleman from New York (Mr. the many issues that we faced in our hard work the minority staff put into SERRANO), and we appreciate his efforts conference. We have come a long way the bill. On the minority side, there is in offering that. towards devising an acceptable bill. one person in particular this year we This bill also includes $7.7 billion for Before I finish and urge the Members would like to recognize. Sally the State Department, including a $795 to support this, I would also like to pay Chadbourne has served this committee million increase over the current year tribute to Geoff Gleason on my staff, well for the better part of the last 10 for critical diplomatic readiness and who worked for many years for Con- years, and we will miss her profes- embassy security needs. gressman Solomon. When Mr. Solomon sionalism and knowledge of the bill. We provide additional resources to left the Congress, he came to my office. We understand she is moving to Maine. address the growing problems of traf- He has worked on all these appropria- Has she ever been in Maine in January? ficking in persons and have provided tion issues and I wanted to give a spe- But she is moving to Maine and funding for United Nations peace- cial note of thanks to Geoff for his help Maine’s gain is our loss. keeping. There are over 50,000 people, in putting this effort together. In addition to Sally Chadbourne, the mainly women, some children, who are With that, Mr. Speaker, I urge all my Minority Clerk, I appreciate the work brought to this country for sexual traf- colleagues to support this conference of Lucy Hand, Nadine Berg, Rob Nabors ficking. Now, with regard to this legis- report that will make a big difference and Christine Maloy. lation, and following on the work that towards a safer and stronger America. All these staff members have worked the gentleman from New Jersey (Mr. Mr. Speaker, I submit for the RECORD very hard over the past several SMITH) did on the authorization, we are documents relating to the conference months, staying on the job to make funding that effort both with the FBI report: sure that the Department of Justice and also the State Department to deal First is a letter which describes concerns and State, the U.S. Marshals Service, with this issue in a very aggressive about changes to the ORBIT Act. and the FBI have the resources they way, whereby women are no longer Following is the tabular material we submit need to fight the war on terrorism. subjected to this terrible crime, not with our bill. They have spent a lot of time away only in this country but around the U.S. SENATE, from their families, and we are grateful world. Washington, DC, November 1, 2001. Following this, the bill also includes Hon. ROBERT BYRD, for their hard work. Chairman, Senate Committee on Appropriations, This is a good bill, and I urge all to language directing the State Depart- Washington DC. support it. It provides the necessary in- ment to allocate funding as necessary Hon. C.W. BILL YOUNG, creases to the FBI, the INS, and the to complete funding for a memorial at Chairman, House Committee on Appropriations, State Department as they battle on the the U.S. Embassy in Beirut, honoring Washington, DC. front lines against terrorist organiza- the Americans killed in a bombing at DEAR MR. CHAIRMEN: We are writing with tions that have attempted to disrupt the U.S. Marine Barracks in Lebanon respect to a provision that was added on the the fabric of our society. on October 23, 1983. In April, we were in floor of the Senate on September 13 to the In summary, Mr. Speaker, the bill Commerce, Justice, State, and the Judiciary Lebanon, and we broke away and went Appropriations bill. This provision would provides as follows: A total of $21.5 bil- out to the site where the Marines had amend an important statutory requirement lion for the Department of Justice to been bombed. contained in the Open-market Reorganiza- fight terrorism, strengthen immigra- Now, I had visited that site with tion for the Betterment of International tion enforcement, and support State former Congressman and Senator Dan Telecommunications Act (‘‘ORBIT Act’’), and local law enforcement. This in- Coats in early January 1984. We went which was enacted in the previous Congress. cludes an increase of $66 million to back to the site, and there was no The ORBIT Act requires that, shortly after fund an additional 570 border patrol monument, nothing in recognition of they are privatized, Inmarsat and Intelsat must conduct initial public offerings of their agents, and $25 million to fund an addi- the Marines who gave their lives. There respective securities. This requirement is in- tional 38 land border inspectors. was a young woman on the embassy tended to dilute substantially the ownership The bill provides language that staff who was working on the construc- of the newly privatized entities by their makes it mandatory, for all commer- tion of a monument at the American former owners. The last date for the cial aircraft and vessels arriving and embassy. Inmarsat IPO is December 31, 2001; for departing the United States to provide This report will help provide the Intelsat it is December 31, 2002. The recent the Immigration and Naturalization funds in cooperation with the private Senate action would change the Inmarsat Service and the U.S. Customs Service sector money to build a monument on date to June 30, 2003. We are concerned about the precedent this the passenger manifest lists. the site or at the embassy recognizing may set for changes in the ORBIT Act’s obli- Now, some countries do this, and those who have given their lives. gations for Intelsat. The ORBIT Act recog- there are a number of airlines that al- I would also say I challenge the Leba- nized that the composition of Intelsat’s own- ready do this, but there are a number nese government, the good friends we ership presents a significant competitive from certain regions of the world that are with that government, to allow and issue; this issue remains after privatization

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.022 pfrm04 PsN: H14PT1 H8146 CONGRESSIONAL RECORD — HOUSE November 14, 2001 because the ownership has not changed and Intelsat’s present ownership is not substan- Thank you for considering our views with will not change until there is an IPO. tially diluted by the ORBIT Act deadline. respect to international satellite policy and Intelsat privatized in mid-July of this While we understand the circumstances sur- the appropriations measure you have under year. By December 31, 2002, Intelsat will have rounding Inmarsat’s current inability to consideration. had almost a year and a half to determine meet the statutory deadline, Intelsat’s stat- Sincerely, the best timing for an IPO. This is entirely utory deadline has an additional year and we JOHN BREAUX, sufficient in light of the ORBIT Act’s desire oppose its extension. Any proposal to extend to improve the competitive environment in Intelsat’s statutory deadline must be to sub- U.S. Senator. international communications at the ear- jected to timely hearings and adequate con- EDWARD MARKEY, liest practicable time. Many U.S. companies sideration by the House and Senate author- U.S. Representative. and consumers will be adversely affected if izing committees.

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VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A14NO7.004 pfrm04 PsN: H14PT1 Insert offset folio 187/9 here EH14NO01.008 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8155 Mr. Speaker, I reserve the balance of ities of our Federal law enforcement New York on that day, those who at- my time. and diplomatic agencies on which they tacked the Pentagon, those who cre- Mr. SERRANO. Mr. Speaker, I yield will build with additional resources ated the situation in Pennsylvania myself such time as I may consume. from the supplemental budget. with the fallen plane were attacking (Mr. SERRANO asked and was given We also provide resources to Americans. They did not distinguished permission to revise and extend his re- strengthen our economy and aid in its whether an individual was a visitor marks.) recovery, protect the environment, and here or an American citizen. As far as Mr. SERRANO. Mr. Speaker, I rise in protect the rights of our people. they were concerned, they were attack- strong support of the conference report Priorities of Members on both sides ing our country, they were attacking to accompany H.R. 2500, the Com- of the aisle have largely been included. our people. merce-Justice-State-Judiciary and Re- If it had been entirely up to me, I And so this provision, in my opinion, lated Agencies Appropriations bill. would have maintained at least the will go a long way to honor the mem- At the outset, I want to thank the House level for the Small Business Ad- ory of those who wanted to be Ameri- chairman, the gentleman from Virginia ministration, and I would have kept cans and who died before they could (Mr. WOLF), for the good working rela- the Senate provision restoring section fulfill their dream. tionship we developed this year and for 245(i) and dropped the one on the Inter- With that in mind, I thank the chair- his insisting on a bipartisan process on national Criminal Court. But it was man for his support. the bill. Throughout, I and my staff not entirely up to me, and I think most Mr. Speaker, I reserve the balance of and the subcommittee Democrats have Members will agree that this is a good my time. been kept informed and consulted on outcome and a bipartisan one at that. Mr. WOLF. Mr. Speaker, I yield my- our priorities. Our chairman has described the con- self such time as I may consume before I want to acknowledge the contribu- ference agreement so I will not take yielding to the gentleman from Ken- tion of other members of the sub- the time to repeat the details. I will tucky (Mr. ROGERS) for whatever time committee and their staffers. I also simply close by urging the House to he may use, because I wanted to also want to thank the bipartisan staff for support the conference report so we call to the body’s attention to page 88 the long hours and weekends they put can get this important funding in place of the Statement of the Mangers. We in working to prepare for the con- as soon as possible. have tried a new process, which is ference. They even found off-site loca- Mr. Speaker, I want to thank my somewhat unique, in grant programs: tions to continue conference talks Chairman WOLF, and I want to thank the Byrne grants; the Juvenile Justice when the Capitol and office buildings all Members of the House, because as grants; Safe Schools, the other grant were closed due to the anthrax testing the chairman has mentioned, it was programs. We carry the following lan- situation. the city that I represent that was hit guage. We say, ‘‘In addition, up to 10 They are, as we know, Gail Del Balzo, so hard on September 11, and so much percent of the funds provided for each Mike Ringler, Christine Ryan Kojak, of what is in this bill deals with that program shall be made available for an Leslie Albright, Julie Miller, Carrie issue and deals with the future of how independent evaluation of that pro- Hines, and Geoff Gleason for the major- we deal with issues like that. gram.’’ ity; and Rob Nabors, Christine Maloy, Just a few minutes before coming on By doing this, we, in essence, take 10 Lucy Hand, and Nadine Berg for the the House floor, I found out that an- percent of that money to evaluate the minority. other 7 to 12 families were affected by merits of the program with regard to Now, as Chairman WOLF did, we are the loss of Flight 587, folks from the future years. This is a new and dif- going to take a little extra time here South Bronx that were on that flight, ferent approach, but in order to get a to say a special thanks and to say small business folks that are there. handle on spending and make sure we goodbye in a most dramatic way to And so my city continues to feel this are spending in a wise way, this idea, I Sally Chadbourne, who is leaving us at pain and this anguish and to ask itself think, has a lot of merit. I wanted to the end of the year, which makes this what is happening to us and what is bring that to the body’s attention. her last Commerce-Justice-State bill. happening to our country. Now, Sally has been in the appropria- So in anticipation of all that will be b 1315 tions business longer than I have been done for New York City, I want to Mr. WOLF. Mr. Speaker, I yield such in the House, and she is among the thank this House and especially this time as he may consume to the gen- most intelligent, professional, creative, committee, and, secondly, for the fact tleman from Kentucky (Mr. ROGERS). experienced, and I could go on and on that so much in this bill addresses Mr. ROGERS of Kentucky. Mr. in English or in Spanish, person I have those issues. Speaker, I want to take a few minutes had the pleasure to work with. She also Lastly, I want to thank my chairman to congratulate the gentleman from has a good sense of humor, which as we and all members of the committee and Virginia (Mr. WOLF) and the gentleman all know is very important on our com- the Senate for allowing a provision from New York (Mr. SERRANO), the mittee but especially these days, a that I had introduced to be included in ranking member, for a great job on a great advantage when things get grim. this bill. It was something that is very difficult bill. I have the pleasure of I thank her for her many contribu- dear to my heart, and that is that so serving on this subcommittee, and of tions and I wish her and Del all the many of the folks who died on Sep- course served as chairman for the last best in their new life in Maine, and I tember 11 had wanted so much to be 6 years. I know the difficulty that they trust Governor Baldacci will not let part of our Nation, that even though faced when they tried to put together her skills go to waste in the future, and they were not American citizens they these numbers. I am glad he is in the House. had applied for citizenship before Sep- And also, I thank the staff. We some- This has been a fair, bipartisan proc- tember 11. They never lived to see that times do not thank them enough; but ess all year, as is obvious in the pas- citizenship come to be part of their they spend long hours, weekends in- sage votes, 408 to 19 in the House, family, something that I can tell my cluded, nighttimes included, that which must be a record, and 97 to noth- colleagues is cherished by so many im- sometimes we do not notice or the ing in the Senate, which means three migrants who come into the South world does not notice. I thank the staff people were missing. Going into con- Bronx and other areas of our country. for a great job on this bill. ference, the two bodies brought quite Well, there is a provision in this bill Some of the things I particularly like different priorities to the table, and that retroactively to September 10 about the bill have been mentioned al- the negotiation was tough, but it was grants citizenship to those folks who ready, so I will not be repetitive here. also fair and bipartisan, and I am died on September 11. So that if they I really appreciate the chairman in- pleased to support the results. wanted to live as American citizens, cluding in this bill the requirement Important national needs are ad- they at least got the opportunity to that airlines before they are granted dressed, particularly in the wake of the have died as American citizens. permission to land here must furnish events of September 11. In this agree- Now, let us understand why this was to our authorities before they take off ment we strengthen the basic capac- important to me. Those who attacked overseas a list of the passengers that

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.024 pfrm04 PsN: H14PT1 H8156 CONGRESSIONAL RECORD — HOUSE November 14, 2001 are to be brought here on a particular does not interfere with the serious have enjoyed, and extend my apprecia- airplane. That will give our authorities work that she does for the sub- tion for a job well done. the chance at least to be sure that we committee. I urge unanimous support Of particular interest to me are the do not fly in on our own planes terror- for this great bill. appropriations for several critically ists who are bent upon our destruction. Mr. SERRANO. Mr. Speaker, I yield 2 important scientific organizations I think that is a very important part of minutes to the gentleman from Wash- funded by this legislation, the National this bill. It will fit very nicely with the ington (Mr. DICKS). Institute of Standards and Technology provisions that we will carry in the Mr. DICKS. Mr. Speaker, I want to and the National Oceanic Atmospheric Subcommittee on Transportation ap- congratulate the gentleman from Vir- Administration. These institutions rep- propriations bill for the FAA. I appre- ginia (Mr. WOLF) and the gentleman resent some of the best and the bright- ciate the chance to work closely with from New York (Mr. SERRANO) and the est the scientific community has to the chairman and the ranking member outstanding staff for their great work offer. I was pleased to see the robust on that particular issue. on this bill. This is obviously one of funding granted these organizations. Mr. Speaker, other things about the the most important appropriations NIST is the premier institution for bill which I think are handled ex- bills that we deal with. Of course, one standards in this country, and its work tremely well is an increase in the De- issue dear to this Member’s heart has in this area is unparalleled. Its state- partment of Justice. That is impor- been the conservation spending provi- of-the-art facilities boast numerous ad- tant. It is increased by $612 million sions of both this and the Sub- vanced laboratories, and its scientific over the current year’s level, and in- committee on the Interior appropria- discoveries have remained on the fore- cluded in that is large increases for the tions bill. front. Not one, but two Nobel prizes U.S. Attorneys, the Marshals Service, Last year we made a commitment, have been awarded to this institution the FBI, the Drug Enforcement Admin- we the appropriators, that we were in the last 5 years. Yet on the 100th an- istration. The immigration services is going to substantially increase funding niversary of this oldest national lab of increased dramatically by $841 million, for conservation. When we add up the the country, the original budget pro- which will help us patrol better on the money, $440 million in this bill, and the posal was to reduce NIST funding by borders of the Nation. $1.320 billion in the Interior bill, we almost 20 percent. With the hard work Then not to forget where most law have kept the commitment that was of the committee and lobbying on the enforcement takes place on the local made last year. Some people favored part of many Members of Congress, I level, there are nice increases for the CARA, another approach, an entitle- am pleased that NIST funding has in- State and local law enforcement efforts ment which would have taken this ju- creased nearly 13 percent. This pres- throughout the country, as I say, risdiction away from the Committee on tigious institution will use it well. This where most of the law enforcement Appropriations. additional funding will help ensure the takes place, if it takes place at all. We said no, we wanted to create a success of many important initiatives, I appreciate the heavy increases for trust fund, like the Violent Crime such as the advanced technology pro- funding in the Department of Justice, Trust Fund, for conservation that gram. This is an important economic as well as the Judiciary. There is an in- would still leave the authority within development program. The National crease of $357 million above current the committee to decide how the Academy of Sciences calls it effective levels for our court system, the Federal money would be appropriated on an an- and successful. Our efforts to save this court system throughout the Nation, nual basis. The base that year was $752 initiative have led to robust funding including the U.S. Supreme Court. million, and we went up to $1.6 billion; not just for program continuance but Then in the State Department, the and this year we are at $7.60 billion. also for additional grants. subcommittee provides extra funding I appreciate the leadership of our The President recently nominated a for embassy security, protecting Amer- committee on the House side. I know superb candidate for director of NIST, icans who are working overseas in our this was not easy dealing with the Dr. Arden Bement. He is a proven lead- embassies and consulates, a $462 mil- other body, but we prevailed on these er who will provide strong, effective lion increase for the diplomatic and issues. I think this money will be used, stewardship of NIST. I hope this consular programs. And then they fully as it is being used in the Pacific North- thoughtful choice for director signals a fund, in fact $232 million above what west for the Pacific Coast Salmon Res- renewed commitment to this well-de- was requested, the worldwide security toration initiative in a very effective serving institution. upgrade programs at our embassies and way, both on the Columbia River and Incidentally, on our antiterrorism consulates. That includes the full $665 on Puget Sound. front, NIST has been there leading the million for the capital improvements I want to congratulate all the staff, way. program. but particularly Sally Chadbourne, NOAA has also fared better than the Mr. Speaker, those are some of the who has been terrific to work with. She initial proposal. This agency admin- highlights of the bill that struck me as and Del are going up to Maine, and I isters a number of programs that are being very important. There are oth- hope that they will come back from important to the daily lives of Ameri- ers, but I will not take the time of the time to time to give us good advice and cans, such as the National Weather Members to go into them; but I con- counsel. I congratulate her on her out- Service. It is also the lead agency gratulate again the gentleman from standing career in the House of Rep- charged with the monitoring and pre- Virginia (Mr. WOLF) and the ranking resentatives and let her know how diction of changes in the Earth’s cli- member, the gentleman from New York much we appreciate her good work. mate. These research efforts are of (Mr. SERRANO). It is a pleasure to work Mr. WOLF. Mr. Speaker, I yield 5 vital national and international impor- on this subcommittee with gentlemen minutes to the gentlewoman from tance. I am pleased they are well fi- of this caliber and character and that Maryland (Mrs. MORELLA). nanced. work together so well in a bipartisan Mrs. MORELLA. Mr. Speaker, I Finally, I thank the conferees and fashion for what is best for our Nation. thank the gentleman for yielding me the chairman and ranking member for I want to add my congratulations this time. fully funding the Violence Against and thanks to Sally Chadbourne, who I congratulate the gentleman from Women Act grants that are within the will be leaving us at the end of the Virginia (Chairman WOLF) on what a Department of Justice. The $391 mil- year. She has been on this sub- great job he did with this conference lion will strengthen programs like committee staff I think almost as long report, with this bill from the begin- STOP grants that assist local and as I have been a Member, and we will ning. I also thank the gentleman from State law enforcement, pro-arrest not talk about that time at this point New York (Mr. SERRANO) and the chair- grants that will remove batterers from in time. She has been a very valued man of the full Committee on Appro- the home, civil legal assistance grants member of the staff and works in a bi- priations and the ranking member for which allow victims and their children partisan fashion. As the gentleman their guidance. I want to applaud the to maintain independence from an abu- from New York (Mr. SERRANO) said, she hard work of the members of the com- sive home, and for supervised visita- has a good sense of humor; but that mittee under the leadership that they tion centers that allow children to

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.026 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8157 interact with both parents in a safe en- in Norman which will house, under one roof, States in times of severe weather, as well as vironment. all of these agencies which are now in dif- promoting international trade in the central I thank Attorney General Ashcroft ferent locations throughout Norman. NOAA is United States and working to stop the expan- for joining Congress in our efforts to partnering with the University of Oklahoma in sion of the methamphetamine epidemic that is eradicate domestic violence. Funding the construction of this new National Weather sweeping parts of the nation. I urge my col- the Violence Against Women Act pro- Center in Norman. This new facility will inte- leagues in the House to join me in casting grams in the Department of Justice grate NOAA components with OU’s School of their votes in favor of H.R. 2500. has been crucial to these endeavors. I Meteorology and all its associated meteorolog- Mr. UDALL of Colorado. Mr. Speaker, I sup- strongly urge my colleagues to support ical research functions. For NOAA, this new port his rule and will support the conference this conference report, and again I con- facility will provide 100,000 square feet of report. gratulate the chairman and ranking modernized space for the NSSL, the Storm However, I do have some concerns about member of this important sub- Prediction Center, the Norman Weather Fore- particular parts of the conference report. committee and of the full Committee cast Office, and the Training and Applications In particular, I have noted that the con- on Appropriations for this effort. Let branches of the Operational Support Facility. ference report does not include any funds for all Members vote for it unanimously. This new, fully integrated facility will locate payments under the Radiation Exposure Com- Mr. SERRANO. Mr. Speaker, I yield 2 University faculty and students literally ‘‘across pensation Act, or ‘‘RECA.’’ minutes to the gentleman from Maine the hall’’ from federal researchers and fore- The people covered by RECA include ura- (Mr. BALDACCI). casters. The planning done to date by the nium miners and miller and some others who Mr. BALDACCI. Mr. Speaker, I thank NOAA-University partnership suggests that worked to support the nuclear weapons pro- the ranking member for yielding me many significant new synergies will arise from gram or who were exposed to its fallout. They this time. this integrated design. The resulting research were exposed to radiation. And because of I also thank the ranking member for and development efforts promise not only to that exposure they are sick, with cancers and his hard work on this report and being enhance national environmental security other serious diseases. Many of them are resi- very sensitive to the membership and through improved forecasts and monitoring of dents of Colorado and other western States. allowing for their input in the legisla- potentially hazardous weather, but also to pro- When Congress enacted the RECA law, we tion. I appreciate his leadership, and I vide new methods and techniques that will en- promised to pay compensation for their ill- know that all of us care very deeply hance our national competitiveness in the nesses. but we have not fully kept that prom- about what is happening back in New global market place. ise. We have been slow in appropriating York and the constant tragedies that Mr. Speaker, this bill also includes funding enough money for this purpose—and, earlier they are confronted with. for the Department of Commerce to assist the this year the Justice Department ran out of I also would like to welcome Sally to Continental Gateway Authority, in McClain funds to make RECA payments. As a result, Maine. We are looking forward to her County, Oklahoma, for design and develop- people who should have been getting checks joining the State and the State to be ment of an International Trade Processing were instead getting letters—IOU letters, you richer for her and her husband to join Center, which will include an automated proc- could call them. What the letter said was that us. We look forward to being able to do essing system that will expedite trade trans- payment would await further appropriations. many great things from Maine. actions for businesses and government agen- As we say, Sally, as Maine goes, so What they mean was that we in the Congress cies. I have been honored to have the oppor- had not met a solemn obligation. goes the Nation. tunity to work with officials from the Conti- That shameful situation was temporarily re- Mr. WATTS of Oklahoma. Mr. Speaker, nental Gateway Authority on this project since solved when the first supplemented appropria- today the House will consider H.R. 2500 to its inception. appropriate funds for the Departments of The Continental Gateway Authority was tions bill provided funds to resume payments. Commerce, Justice and State. I rise in strong formed to pursue ways to expand economic But those funds will not be adequate to con- support of this important piece of legislation, development in central Oklahoma. One way is tinue payments in the future—more money will be needed before very long, and unless it is and I sincerely thank Chairman WOLF for pro- by developing an International Trade Proc- viding the critical resources which are included essing Center that will include an industrial provided in a timely way, the Justice Depart- in this bill. park, international trade services and inter- ment will again have to send out IOUs instead H.R. 2500 includes funding for the National modal transportation services. In light of the of check. Oceanic and Atmospheric Administration, or important role which the Interstate 35 NAFTA We should not let that happen. We should NOAA. This is an agency that is vital to the trade corridor will continue to play in national change the law so that in the future RECA detection and prediction of severe weather and international trade, the economic impact payments will not depend on annual appro- throughout the United States. of such a facility will be very beneficial to the priations. They should be paid automatically, Norman, Oklahoma, is home to the National State of Oklahoma, as well as the rest of the and I am cosponsoring legislation to make that Severe Storms Laboratory, the Storm Pre- nation, by providing this much-needed service. change. But in the meantime, Congress must diction Center and other weather-related agen- Mr. Speaker, I would also like to commend appropriate the needed funds. cies which fall under the jurisdiction of NOAA Chairman WOLF and the members of the I understand why RECA funds were and the Department of Commerce. The em- Committee for their continued work in assist- dropped from this conference report. Clearly, ployees of these agencies perform weather re- ing our nation’s law enforcement officers. This the conferees on this bill expect that funds for search that is crucial to the prediction of se- bill provides necessary and needed resources RECA payments or fiscal year 2002 and sev- vere storms around the country. They are the to many law enforcement agencies around the eral years thereafter will be included in the de- professionals responsible for providing the country. In particular, I would like to thank the fense authorization bill, because the version of warning information to the local meteorologists Committee for its work in providing resources that bill adopted in the other body so provides. in the event of inclement weather. to Oklahoma’s law enforcement community. I also hope that will be the outcome, since The National Severe Storms Laboratory Oklahoma is one of the nation’s leaders in that Senate provision—even if it does not pro- (NSSL) in Norman, has occupied the same methamphetamine production. Over the past vide for permanent funding—would be a defi- building since 1972. At that time, the NSSL two years, the Oklahoma State Bureau of In- nite improvement over the current situation. had approximately 36 federal employees and vestigation has cleaned up nearly 1,500 meth But the conferees on the defense authoriza- eight University of Oklahoma (OU) affiliates. labs. The Oklahoma State Bureau of Inves- tion bill have not yet completed their work and Twenty-eight years later, those numbers have tigation, Oklahoma Bureau of Narcotics and we do not yet know whether the RECA funds grown to 54 federal employees, roughly 79 Dangerous Drugs Control, and the Oklahoma will be included in the conference report on University employees and two National Re- Highway Patrol are all a part of the battle that legislation. search Council post-doctoral candidates. against these meth labs. I commend Chairman So, Mr. Speaker, that is why I am con- Over the past five years, I have been privi- WOLF for giving these crime fighting agencies cerned about omitting RECA funds from this leged to work with officials at the University of the tools they need to turn the tide against conference report. And that is why the pas- Oklahoma in securing funding for the planning crime. sage of this conference report will make it all and development of a new, state-of-the-art Mr. Speaker, once again, I rise in strong the more important for the House conferees weather center building to be located on the support of H.R. 2500, which will provide the on the defense authorization bill to accept the University campus. This bill includes funding necessary funding to provide advanced warn- Senate’s provisions related to RECA pay- for above-standard costs of this new building ing and protection to the people of the United ments.

VerDate 06-NOV-2001 01:17 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K14NO7.028 pfrm04 PsN: H14PT1 H8158 CONGRESSIONAL RECORD — HOUSE November 14, 2001 I also am concerned about the funds pro- ists from entering our country. The conference cluded in the final product, even though it was vided for construction at NIST facilities, includ- agreement includes $5.6 billion for the Immi- included in the House bill. ing some in my own district, and at the appro- gration and Naturalization Service (INS), $841 MARAD is required by law to dispose of ob- priate time I will seek to engage the bill’s man- million more than last year’s total. This funding solete merchant-type vessels in the National agers in a brief colloquy on that subject. increase will allow the INS to hire over 200 Defense Reserve Fleet by the end of 2006. Mr. HONDA. Mr. Speaker, I rise today ex- additional inspectors at airports to analyze Currently, there exists a backlog of 115 ships press my support for the Commerce-Justice- traveler information in advance of plane arriv- awaiting disposal and more ships will be State Appropriations (CJS) conference report, als to identify inadmissible aliens, drug traf- added to the list of disposal candidates. an extremely important measure for this nation fickers and terrorists. The agreement also allo- According to the Department of Transpor- at this time, but I must also express my pro- cates $2.7 billion to help keep our borders tation Office of Inspector General, the number found disappointment that a provision that was safe and secure. This money will be used, in of ships awaiting disposal is growing, and in both the House and Senate versions of the part, to hire 348 additional land border inspec- these ships pose an immediate environmental bill did not make it into the final the con- tors and 570 additional border patrol agents. threat in Virginia, Texas and California. ference report. The conference agreement to H.R. 2500 In an effort to increase the efficiency of the The CJS conference report is important for also includes $1.1 billion for the Justice De- program and to save taxpayer money, this nation because it provides a $5.6 billion partment’s Community Oriented Policing Serv- MARAD employed a General Agent in 2001 to for the Immigration and Naturalization Service, ices (COPS) Program. I am especially pleased facilitate the timely disposal of vessels. $3.5 billion for the FBI, and $185 million for that conferees chose to include $300,000 from The General Agent, utilizing approved com- the Advanced Technology Program, all areas the COPS Technology Program, for an inter- mercial prime/subcontracting procedures, was tasked with acquiring all services necessary to that are important to meet the new challenges connect Module for Wake County, North Caro- dismantle and dispose of the ships in a man- we face as a nation today. Other programs lina. Mr. Speaker, within Wake County, almost ner which is safe for workers and the environ- that are funded under this bill that I strongly 20 agencies have law enforcement and emer- support are the Violence Against Women Act ment and that represents best value. gency management responsibilities. These I understand that the conferees have di- and the Minority Business Development Agen- agencies are not able to communicate with cy. However, I feel that the provision that was rected MARAD to develop plans to reduce the each other by radio because of incompatible inventory of obsolete vessels on a cost recov- stricken should have been kept in the bill. The equipment and varying bandwidths. In the provision simply stated: ery basis. I want to encourage MARAD to con- event of a multi-jurisdictional catastrophe like tinue with the General Agent model. In addi- None of the funds made available in this the world witnessed on September 11, re- act may be used by the Department of Jus- tion, I want to encourage MARAD to use what- sponding officers from different departments in ever discretionary funds it might have avail- tice or the Department of State to file a mo- Wake County would be unable to commu- tion in this court opposing the civil action able to continue with the ship disposal pro- against any Japanese person or corporations nicate with each other. I am pleased that the gram under the existing contracts. for compensation or reparation in which the Interconnect Module technology will interface MARAD through its General Agent will have plaintiff alleges that as an American pris- these different radio systems, allowing radio succeeded in scrapping six ships with the first oner of during World War II, he or she was communication among all law enforcement $10 million of appropriated funds. The scrap- used as slave or forced labor. and emergency management departments in ping has been done in accordance with EPA On July 18, the House voted by an over- Wake County and the surrounding areas. Mr. hazardous material disposal standards; has whelming 395 to 33 margin to include lan- Speaker, in the aftermath of the terrorist at- proceeded ahead of schedule; and has been guage in the bill that comports with these in- tacks, it is vital that America’s emergency re- on budget. structions, and on September 10, the other sponders be prepared to take quick action in The Navy ship disposal program, in con- body included identical language in their the event of a catastrophe. This initiative will trast, spent $13.1 million scrapping four ships version of the bill. make a difference to enhance the safety and within the NDRF, resulting in a substantially Clearly, it was the desire of both Houses of security of the people of North Carolina. higher per ship disposal cost when compared Congress to have this language included in Mr. Speaker, while I do believe this is a with the MARAD program. the final conference report. No one can deny good agreement, I am disappointed that con- I ask my colleagues on this subcommittee to that our brave veterans who were prisoners of ferees elected to omit a Senate provision that support adding the $10 million that had been war in Japan and forced into slave labor de- would have permanently extended the Section approved by the House to any supplemental serve to have their day in court. They should 245(i) Visa Program. The Section 245(i) visa appropriations bill that might be considered not have to fight their own government to get Program allows illegal immigrants to apply for before the end of this Congress. a fair hearing. permanent residency while remaining in the Mr. Speaker, I again want to thank the The conferees of this bill stated that the Ad- country. While the terrorist attacks have put Chairman and Ranking Member of this sub- ministration strongly opposed this provision, immigration reform on the backburner, it committee for their hard work and appreciate and is concerned that the inclusion of such should not prevent Congress from answering any assistance they might be able to provide language in the bill would be detrimental to the call for fairness and justice in our immigra- to deal with this important issue. the ongoing effort that the inclusion of such tion laws. Immigration has played critical role Mrs. JONES of Ohio. Mr. Speaker, for the language in the bill would be detrimental to in America’s history, and immigrants have past year I have worked with my distinguished the ongoing effort to enlist multilateral support made significant contributions to our economy colleague from Ohio, Representative STEVEN for the campaign against terrorism. I am en- and our society. It is my sincere hope that LATOURETTE in support of a very exciting edu- couraged that the conferees indicated that Congress will extend the Section 245(i) Visa cation initiative at the Great Lakes Science they agree that the extraordinary suffering and Program before the end of this year. Center (GSLC) in Cleveland, Ohio. injury of our former prisoners of war deserve Mr. Speaker, our country is facing new chal- Last year, we placed report language in the further recognition, and acknowledge the need lenges different than those any of us could FY 2001 Commerce Justice State appropria- to address this matter. have just imagined a few short months ago. tions bill encouraging NOAA and the Federal Mr. ETHERIDGE. Mr. Speaker, I rise in sup- But we must face these challenges head-on. Maritime Administration of USDOT to work port of the Conference Agreement on H.R. The first responsibility of the federal govern- with the Great Lakes Science Center in sup- 2500, the Fiscal Year 2002 Commerce, Jus- ment is to ensure the safety of our people, port of an initiative to develop an Underwater tice, State Appropriations bill. and I am pleased that this conference agree- Simulator capturing the environment of the In the wake of the September 11 terrorist at- ment will help law enforcement agencies Great Lakes. The GLSC is only five years old tacks, strengthening law enforcement at the across the country better protect our citizens and has already served 3 million visitors in- federal level has never been more important. and keep our people safe. cluding well over 600,000 through educational This conference agreement includes $2.5 bil- Mr. GREEN of Texas. Mr. Speaker, I rise to programs. It has hosted the world’s annual lion for the Federal Bureau of Investigation commend the Chairman and Ranking Member conference of science museums. Its edu- (FBI), a nine-percent increase over last year’s for their hard work on this appropriations bill. cational programs of school tours, summer funding level. Over $450 million of this total I would, however, like to quickly discuss a programs, and ‘‘hands-on’’ science exhibits will be used for counterterrorism investiga- program that the conference agreement did have been a source of inspiration and learning tions, foreign counterintelligence activities, and not fund. to children and adults throughout our region. other initiatives vital to our national security. I am disappointed that funding for the dis- The proposed Underwater Simulator would not I am also pleased that this agreement pro- posal of obsolete ships from the National De- only recreate an underwater experience mod- vides additional resources to help keep terror- fense Reserve Fleet by MARAD was not in- eled on the Great Lakes, but would contain

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\A14NO7.022 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8159 inter-active programs capable of teaching Brown (SC) Green (TX) McCollum Shimkus Tanner Vitter Bryant Green (WI) McCrery Shows Tauscher Walden mapping, navigation and scientific exploration. Burr Greenwood McDermott Shuster Tauzin Walsh This would be an extremely exciting experi- Burton Grucci McGovern Simmons Taylor (MS) Wamp ence, capable of accommodating 15–20 visi- Buyer Gutierrez McHugh Simpson Taylor (NC) Waters tors at one time. The State of Ohio has al- Callahan Gutknecht McInnis Skeen Terry Watkins (OK) Calvert Hall (OH) McIntyre Skelton Thomas Watson (CA) ready supplied initial funding for the develop- Camp Hall (TX) McKeon Slaughter Thompson (CA) Watt (NC) ment of the Simulator and the Science is also Cannon Hansen McKinney Smith (MI) Thompson (MS) Watts (OK) prepared to share costs. Cantor Harman McNulty Smith (NJ) Thornberry Waxman Mr. Speaker, I regret to say that despite the Capito Hart Meehan Smith (TX) Thune Weiner Capps Hastings (WA) Meek (FL) Smith (WA) Thurman Weldon (FL) active efforts of our offices, the modest cost Capuano Hayes Menendez Snyder Tiahrt Weller involved each agency would be asked to con- Cardin Hayworth Mica Solis Tiberi Wexler tribute and last year’s report language, both Carson (IN) Herger Millender- Souder Tierney Whitfield Carson (OK) Hill McDonald Spratt Toomey Wicker NOAA and the Maritime Administration dem- Castle Hilleary Miller, Dan Stark Towns Wilson onstrated no serious interest in assisting this Chabot Hilliard Miller, Gary Stearns Traficant Wolf project. Mr. President, I am serving notice to Chambliss Hinchey Miller, George Stenholm Turner Woolsey both agencies that I will continue to work with Clay Hinojosa Miller, Jeff Strickland Udall (CO) Wu Clayton Hobson Mollohan Stump Udall (NM) Wynn my colleagues in an effort that these two Clement Hoeffel Moore Stupak Upton Young (AK) agencies work with us to develop this Simu- Clyburn Hoekstra Moran (KS) Sununu Velazquez Young (FL) lator project. Coble Holden Moran (VA) Sweeney Visclosky This is a project of great potential signifi- Collins Holt Morella NAYS—15 Combest Honda Murtha cance for the entire Great Lakes region and to Condit Hooley Myrick Duncan Kerns Ryan (WI) the entire nation. NOAA and MARAD should Conyers Horn Nadler Flake Paul Schaffer both understand that we intend to aggressively Cooksey Houghton Napolitano Hefley Petri Sensenbrenner Hostettler Rohrabacher Sessions continue our efforts in FY 2002. Costello Hoyer Neal Cox Hulshof Nethercutt Jones (NC) Royce Tancredo Coyne Hunter Ney NOT VOTING—6 b 1330 Cramer Hyde Northup Mr. SERRANO. Mr. Speaker, I have Crane Inslee Norwood Cubin Meeks (NY) Radanovich Crenshaw Isakson Nussle Hastings (FL) Mink Weldon (PA) no further requests for time, and I Crowley Israel Oberstar yield back the balance of my time. Culberson Issa Obey b 1353 Mr. WOLF. Mr. Speaker, I have no Cummings Istook Olver So the conference report was agreed further requests for time, and I yield Cunningham Jackson (IL) Ortiz Davis (CA) Jackson-Lee Osborne to. back the balance of my time. Davis (FL) (TX) Ose The result of the vote was announced The SPEAKER pro tempore (Mr. Davis (IL) Jefferson Otter as above recorded. HASTINGS of Washington). Without ob- Davis, Jo Ann Jenkins Owens A motion to reconsider was laid on jection, the previous question is or- Davis, Tom John Oxley Deal Johnson (CT) Pallone the table. dered on the conference report. DeFazio Johnson (IL) Pascrell There was no objection. DeGette Johnson, E. B. Pastor f The SPEAKER pro tempore. The Delahunt Johnson, Sam Payne DeLauro Jones (OH) Pelosi ANNOUNCEMENT BY THE SPEAKER question is on the conference report. DeLay Kanjorski Pence PRO TEMPORE Pursuant to clause 10 of rule XX, the DeMint Kaptur Peterson (MN) yeas and nays are ordered. Deutsch Keller Peterson (PA) The SPEAKER pro tempore (Mr. Diaz-Balart Kelly Phelps HASTINGS of Washington). Pursuant to ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Dicks Kennedy (MN) Pickering clause 8 of rule XX, the Chair will re- The SPEAKER pro tempore. Pursu- Dingell Kennedy (RI) Pitts Doggett Kildee Platts duce to 5 minutes the minimum time ant to clause 8 of rule XX, following for electronic voting on two motions to this vote, the Chair will put the ques- Dooley Kilpatrick Pombo Doolittle Kind (WI) Pomeroy suspend the rules on which the Chair tion on two motions to suspend the Doyle King (NY) Portman has postponed further proceedings. rules on which further proceedings Dreier Kingston Price (NC) were postponed yesterday. Dunn Kirk Pryce (OH) f Edwards Kleczka Putnam Votes will be taken in the following Ehlers Knollenberg Quinn COMMENDING DAW AUNG SAN SUU order: Ehrlich Kolbe Rahall Emerson Kucinich Ramstad KYI ON THE 10TH ANNIVERSARY House Concurrent Resolution 211, by OF HER RECEIVING THE NOBEL the yeas and nays; Engel LaFalce Rangel English LaHood Regula PEACE PRIZE House Concurrent Resolution 257, by Eshoo Lampson Rehberg the yeas and nays. Etheridge Langevin Reyes The SPEAKER pro tempore. The un- Proceedings on the remaining sus- Evans Lantos Reynolds finished business is the question of sus- Everett Largent Riley pending the rules and agreeing to the pensions debated yesterday will resume Farr Larsen (WA) Rivers tomorrow. Fattah Larson (CT) Rodriguez concurrent resolution, H. Con. Res. 211, The Chair will reduce to 5 minutes Ferguson Latham Roemer as amended. Filner LaTourette Rogers (KY) The Clerk read the title of the con- the time for any electronic vote after Fletcher Leach Rogers (MI) the first such vote in this series. Foley Lee Ros-Lehtinen current resolution. The vote was taken by electronic de- Forbes Levin Ross The SPEAKER pro tempore. The vice, and there were—yeas 411, nays 15, Ford Lewis (CA) Rothman question is on the motion offered by Fossella Lewis (GA) Roukema the gentleman from New Jersey (Mr. not voting 6, as follows: Frank Lewis (KY) Roybal-Allard [Roll No. 438] Frelinghuysen Linder Rush SMITH) that the House suspend the Frost Lipinski Ryun (KS) rules and agree to the concurrent reso- YEAS—411 Gallegly LoBiondo Sabo lution, H. Con. Res. 211, as amended, on Abercrombie Barr Blumenauer Ganske Lofgren Sanchez Ackerman Barrett Blunt Gekas Lowey Sanders which the yeas and nays are ordered. Aderholt Bartlett Boehlert Gephardt Lucas (KY) Sandlin This will be a 5 minute vote. Akin Barton Boehner Gibbons Lucas (OK) Sawyer The vote was taken by electronic de- Allen Bass Bonilla Gilchrest Luther Saxton vice, and there were—yeas 420, nays 0, Andrews Becerra Bonior Gillmor Lynch Schakowsky Armey Bentsen Bono Gilman Maloney (CT) Schiff not voting 12, as follows: Baca Bereuter Borski Gonzalez Maloney (NY) Schrock [Roll No. 439] Bachus Berkley Boswell Goode Manzullo Scott Baird Berman Boucher Goodlatte Markey Serrano YEAS—420 Baker Berry Boyd Gordon Mascara Shadegg Abercrombie Andrews Baker Baldacci Biggert Brady (PA) Goss Matheson Shaw Ackerman Armey Baldacci Baldwin Bilirakis Brady (TX) Graham Matsui Shays Aderholt Baca Baldwin Ballenger Bishop Brown (FL) Granger McCarthy (MO) Sherman Akin Bachus Ballenger Barcia Blagojevich Brown (OH) Graves McCarthy (NY) Sherwood Allen Baird Barcia

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A14NO7.026 pfrm04 PsN: H14PT1 H8160 CONGRESSIONAL RECORD — HOUSE November 14, 2001 Barr Everett Lampson Rehberg Sherwood Thurman Barr Everett Largent Barrett Farr Langevin Reyes Shimkus Tiahrt Barrett Farr Larsen (WA) Bartlett Fattah Lantos Reynolds Shows Tiberi Bartlett Fattah Larson (CT) Barton Ferguson Largent Riley Shuster Tierney Barton Ferguson Latham Bass Filner Larsen (WA) Rivers Simmons Toomey Bass Filner LaTourette Becerra Flake Larson (CT) Rodriguez Simpson Towns Becerra Flake Leach Bentsen Fletcher Latham Roemer Skeen Traficant Bentsen Fletcher Lee Bereuter Foley LaTourette Rogers (KY) Skelton Turner Bereuter Foley Levin Berkley Forbes Leach Rogers (MI) Slaughter Udall (CO) Berkley Forbes Lewis (CA) Berman Ford Lee Rohrabacher Smith (MI) Udall (NM) Berman Ford Lewis (GA) Berry Fossella Levin Ros-Lehtinen Smith (NJ) Upton Berry Fossella Lewis (KY) Biggert Frelinghuysen Lewis (CA) Ross Smith (TX) Velazquez Biggert Frelinghuysen Linder Bilirakis Frost Lewis (GA) Rothman Smith (WA) Visclosky Bilirakis Frost Lipinski Bishop Gallegly Lewis (KY) Roukema Snyder Vitter Bishop Gallegly LoBiondo Blagojevich Ganske Linder Roybal-Allard Solis Walden Blagojevich Ganske Lofgren Blumenauer Gekas Lipinski Royce Souder Walsh Blumenauer Gekas Lowey Blunt Gephardt LoBiondo Rush Spratt Wamp Blunt Gephardt Lucas (KY) Boehlert Gibbons Lofgren Ryan (WI) Stark Waters Boehlert Gibbons Lucas (OK) Boehner Gilchrest Lowey Ryun (KS) Stearns Watkins (OK) Boehner Gilchrest Luther Bonilla Gillmor Lucas (KY) Sabo Stenholm Watson (CA) Bonilla Gillmor Lynch Bonior Gilman Lucas (OK) Sanchez Strickland Watt (NC) Bonior Gilman Maloney (CT) Bono Gonzalez Luther Sanders Stump Watts (OK) Bono Gonzalez Maloney (NY) Borski Goode Lynch Sandlin Stupak Waxman Borski Goode Manzullo Boswell Goodlatte Maloney (CT) Sawyer Sununu Weiner Boswell Goodlatte Markey Boucher Gordon Maloney (NY) Saxton Sweeney Weldon (FL) Boucher Gordon Mascara Boyd Graham Manzullo Schaffer Tancredo Weller Boyd Graham Matheson Brady (PA) Granger Markey Schakowsky Tanner Wexler Brady (PA) Granger Matsui Brady (TX) Graves Mascara Schiff Tauscher Whitfield Brady (TX) Graves McCarthy (MO) Brown (FL) Green (TX) Matheson Schrock Tauzin Wicker Brown (FL) Green (TX) McCarthy (NY) Brown (OH) Green (WI) Matsui Scott Taylor (MS) Wilson Brown (OH) Green (WI) McCollum Brown (SC) Greenwood McCarthy (MO) Sensenbrenner Taylor (NC) Wolf Brown (SC) Greenwood McCrery Serrano Terry Woolsey Bryant Grucci McCarthy (NY) Bryant Grucci McDermott Sessions Thomas Wu Burr Gutierrez McCollum Burr Gutierrez McGovern Shadegg Thompson (CA) Wynn Burton Gutknecht McCrery Burton Gutknecht McHugh Shaw Thompson (MS) Young (AK) Buyer Hall (OH) McDermott Buyer Hall (OH) McInnis Shays Thornberry Young (FL) Callahan Hall (TX) McGovern Callahan Hall (TX) McIntyre Sherman Thune Calvert Hansen McHugh Calvert Hansen McKeon Camp Harman McInnis NOT VOTING—12 Camp Harman McKinney Cannon Hart McIntyre Cannon Hart McNulty Cantor Hastings (WA) McKeon Conyers Goss Pelosi Cantor Hastings (WA) Meehan Capito Hayes McKinney Cubin Hastings (FL) Pomeroy Capito Hayes Meek (FL) Davis, Tom Meeks (NY) Radanovich Capps Hayworth McNulty Capps Hayworth Menendez Frank Mink Weldon (PA) Capuano Hefley Meehan Capuano Hefley Mica Cardin Herger Meek (FL) Cardin Herger Millender- Carson (IN) Hill Menendez b 1402 Carson (IN) Hilleary McDonald Carson (OK) Hilleary Mica So (two-thirds having voted in favor Carson (OK) Hilliard Miller, Dan Castle Hilliard Millender- Castle Hinchey Miller, Gary Chabot Hinchey McDonald thereof) the rules were suspended and Chabot Hinojosa Miller, George Chambliss Hinojosa Miller, Dan the concurrent resolution, as amended, Chambliss Hobson Miller, Jeff Clay Hobson Miller, Gary was agreed to. Clay Hoeffel Mollohan Clayton Hoeffel Miller, George The result of the vote was announced Clayton Hoekstra Moore Clement Hoekstra Miller, Jeff Clement Holden Moran (KS) Clyburn Holden Mollohan as above recorded. Clyburn Holt Moran (VA) Coble Holt Moore A motion to reconsider was laid on Coble Honda Morella Collins Honda Moran (KS) the table. Collins Hooley Murtha Combest Hooley Moran (VA) Combest Horn Myrick Condit Horn Morella f Condit Hostettler Nadler Cooksey Hostettler Murtha Conyers Houghton Napolitano Costello Houghton Myrick SENSE OF CONGRESS THAT MEN Cooksey Hoyer Neal Cox Hoyer Nadler Costello Hulshof Nethercutt Coyne Hulshof Napolitano AND WOMEN OF UNITED STATES Cox Hunter Ney Cramer Hunter Neal POSTAL SERVICE HAVE DONE AN Coyne Hyde Northup Crane Hyde Nethercutt OUTSTANDING JOB OF DELIV- Cramer Inslee Norwood Crenshaw Inslee Ney Crane Isakson Nussle Crowley Isakson Northup ERING THE MAIL DURING THIS Crenshaw Israel Oberstar Culberson Israel Norwood TIME OF NATIONAL EMERGENCY Crowley Issa Obey Cummings Issa Nussle Culberson Istook Olver Cunningham Istook Oberstar The SPEAKER pro tempore (Mr. Cummings Jackson (IL) Ortiz Davis (CA) Jackson (IL) Obey HASTINGS of Washington). The unfin- Cunningham Jackson-Lee Osborne Davis (FL) Jackson-Lee Olver ished business is the question of sus- Davis (CA) (TX) Ose Davis (IL) (TX) Ortiz pending the rules and agreeing to the Davis (FL) Jefferson Otter Davis, Jo Ann Jefferson Osborne Davis (IL) Jenkins Owens Deal Jenkins Ose concurrent resolution, H. Con. Res. 257, Deal John Oxley DeFazio John Otter as amended. DeFazio Johnson (CT) Pallone DeGette Johnson (CT) Owens The Clerk read the title of the con- DeGette Johnson (IL) Pascrell Delahunt Johnson (IL) Oxley Delahunt Johnson, E. B. Pastor DeLauro Johnson, E. B. Pallone current resolution. DeLauro Johnson, Sam Paul DeLay Johnson, Sam Pascrell The SPEAKER pro tempore. The DeLay Jones (NC) Payne DeMint Jones (NC) Pastor question is on the motion offered by DeMint Jones (OH) Pence Deutsch Jones (OH) Paul the gentleman from New York (Mr. Deutsch Kanjorski Peterson (MN) Diaz-Balart Kanjorski Payne Diaz-Balart Kaptur Peterson (PA) Dicks Kaptur Pence MCHUGH) that the House suspend the Dicks Keller Petri Dingell Keller Peterson (MN) rules and agree to the concurrent reso- Dingell Kelly Phelps Doggett Kelly Peterson (PA) lution, H. Con. Res. 257, as amended, on Doggett Kennedy (MN) Pickering Dooley Kennedy (MN) Petri Dooley Kennedy (RI) Pitts Doolittle Kennedy (RI) Phelps which the yeas and nays are ordered. Doolittle Kerns Platts Doyle Kerns Pickering This is a 5-minute vote. Doyle Kildee Pombo Dreier Kildee Pitts The vote was taken by electronic de- Dreier Kilpatrick Pomeroy Duncan Kilpatrick Platts vice, and there were—yeas 418, nays 0, Duncan Kind (WI) Portman Dunn Kind (WI) Pombo Dunn King (NY) Price (NC) Edwards King (NY) Portman not voting 14, as follows: Edwards Kingston Pryce (OH) Ehlers Kingston Price (NC) [Roll No. 440] Ehlers Kirk Putnam Ehrlich Kirk Pryce (OH) Ehrlich Kleczka Quinn Emerson Kleczka Putnam YEAS—418 Emerson Kucinich Radanovich Engel Knollenberg Quinn Abercrombie Andrews Baker Engel LaFalce Rahall English Kolbe Rahall Ackerman Armey Baldacci English LaHood Ramstad Eshoo Kucinich Ramstad Aderholt Baca Baldwin Eshoo Lampson Rangel Etheridge LaFalce Rangel Akin Bachus Ballenger Etheridge Langevin Regula Evans LaHood Regula Allen Baird Barcia Evans Lantos Rehberg

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A14NO7.006 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8161 Reyes Sherwood Thune that in the 1970s was part of Congres- SPECIAL ORDERS Reynolds Shimkus Thurman Riley Shows Tiahrt sional District 8. Bob Eckhardt served in the U.S. The SPEAKER pro tempore (Mr. Rivers Shuster Tiberi SHIMKUS). Under the Speaker’s an- Rodriguez Simmons Tierney House of Representatives from 1967 to Roemer Simpson Toomey 1981, representing the Eighth Congres- nounced policy of January 3, 2001, and Rogers (KY) Skeen Towns sional District. He was born in Austin, under a previous order of the House, Rogers (MI) Skelton Traficant the following Members will be recog- Rohrabacher Slaughter Turner Texas, and he graduated from the Uni- Ros-Lehtinen Smith (MI) Udall (CO) versity of Texas Law School, served in nized for 5 minutes each. Ross Smith (NJ) Udall (NM) the Army Air Corps during World War Rothman Smith (TX) Upton f Roukema Smith (WA) Velazquez II, and prior to his election to Congress Roybal-Allard Snyder Visclosky he served in the Texas House of Rep- Royce Solis Vitter resentatives. B–1B LANCER Rush Souder Walden I can say it best, I guess, with Ryan (WI) Spratt Walsh The SPEAKER pro tempore. Under a quoting the Houston Chronicle edi- Ryun (KS) Stark Wamp previous order of the House, the gen- torial in this morning’s paper about Sabo Stearns Waters tleman from South Dakota (Mr. Sanchez Stenholm Watkins (OK) Bob Eckhardt: Sanders Strickland Watson (CA) ‘‘Known in Congress as a serious THUNE) is recognized for 5 minutes. Sandlin Stump Watt (NC) Mr. THUNE. Mr. Speaker, I am very Sawyer Stupak Watts (OK) scholar and a fervent ideologue, Saxton Sununu Waxman Eckhardt immersed himself and associ- pleased to see the progress we are mak- Schaffer Sweeney Weiner ates in complicated formulas and de- ing in the war in Afghanistan and the Schakowsky Tancredo Weldon (FL) tails that made him a master of the turn it has taken for the better in the Schiff Tanner Weller last week. We have seen cities like Schrock Tauscher Wexler legislative process. Articulate and lo- Scott Tauzin Whitfield quacious, irreverent and eccentric, Mazar-e Sharif and Kabul and Sensenbrenner Taylor (MS) Wicker Eckhardt customarily traveled by bicy- Kandahar perhaps falling, and system- Serrano Taylor (NC) Wilson cle wearing his trademark bow tie, atically the resistance is moving for- Sessions Terry Wolf Shadegg Thomas Woolsey white suit and Panama hat, even years ward. We are making progress. Shaw Thompson (CA) Wynn after he left Congress. He could incor- I believe there is no reason other Shays Thompson (MS) Young (AK) porate a quote from Shakespeare or the than the success of the concentrated Sherman Thornberry Young (FL) Constitution in almost any debate. . .. bombing campaign, which has been led NOT VOTING—14 ‘‘His anti-pollution initiatives for air by Colonel Ed Rice, the 28th Air Expe- Cubin Hastings (FL) Mink and water sometimes chafed the oil and ditionary Wing commander and the Davis, Jo Ann Hill Pelosi chemical business,’’ industries in the commander at Ellsworth Air Force Davis, Tom Knollenberg Weldon (PA) district I now represent. ‘‘The toxic Frank Kolbe Wu Base in South Dakota. Goss Meeks (NY) Substance Control Act, a landmark for The reason we have met with such occupational health and safety, was b 1412 considerable success over there is due one of his proudest achievements.’’ to the air power we have been able to So (two-thirds having voted in favor Mr. Speaker, I ask my colleagues in project. The B–1B Lancer is a huge part thereof) the rules were suspended and the House of Representatives to join of that success. the concurrent resolution, as amended, me in expressing our sincere condo- Mr. Speaker, I would simply note for was agreed to. lences to the family of Congressman the RECORD that the B–1 bomber The result of the vote was announced Robert ‘‘Bob’’ Eckhardt, and we pay brings a tremendous number of assets as above recorded. tribute to his very distinguished life. and attributes to the campaign. It is The title was amended so as to read: Mr. WAXMAN. Mr. Speaker, will the the only supersonic bomber in the Air ‘‘Concurrent resolution expressing the gentleman yield? Force. The speed that it travels at al- sense of the Congress that the men and Mr. GREEN of Texas. I yield to the lows it to integrate seamlessly into women of the United States Postal gentleman from California. huge fighter strike packages. Service have done an outstanding job Mr. WAXMAN. Mr. Speaker, I was of collecting, processing, sorting, and very distressed to hear about the pass- In terms of range, the large fuel load delivering the mail during this time of ing of our former colleague, Bob allows it to fly from great distances national emergency.’’. Eckhardt. I am probably one of the few and loiter for hours over the battle- A motion to reconsider was laid on Members today serving that served at field. the table. the same time with him. It is flexible. It can carry a wide vari- He was a member of the Committee Stated for: ety of munitions. It can carry more on Commerce. I must say he was a Mr. KOLBE. Mr. Speaker, earlier today, I weapons than any other aircraft in the unique Member. He was a scholar, a was on the House Floor but inadvertently Air Force inventory. man of enormous integrity, an expert failed to vote during passage of H. Con. Res. Its lethality: The B–1 has the largest in areas like the War Powers Act and 257. Had I voted, I would have voted ‘‘yea.’’ payload of any U.S. bomber. It is the the energy issues. He was a man you monster truck of the U.S. bomber fleet. f could always go to and get a clear- Its ability to deliver a large number b 1415 headed point of view. He was very, very of weapons is what makes it so valu- thoughtful and highly regarded. He was PAYING TRIBUTE TO THE LIFE OF able to warfighting. It can carry 84 500- eccentric, which made him even more FORMER CONGRESSMAN ROBERT pound ‘‘dumb’’ bombs and 24 2,000- ECKHARDT beloved by those of us who knew him. I want to join the gentleman in ex- pound precision munitions. (Mr. GREEN of Texas asked and was tending my condolences to his family, A single B–1 flying just one combat given permission to address the House and my regrets to the people of Texas mission over Afghanistan is able to de- for 1 minute and to revise and extend and to the House of Representatives stroy 24 different targets. That is econ- his remarks.) and the American people for our loss of omy of force. Because of the B–1s’ huge Mr. GREEN of Texas. Mr. Speaker, I Bob Eckhardt. payload, fewer combat aircraft had to rise today to bring the news that Mr. GREEN of Texas. Mr. Speaker, I go into harm’s way during this war on former Member of Congress Robert thank the gentleman from California. I terrorism. ‘‘Bob’’ Eckhardt passed away yesterday know the gentleman served with him. I Mr. Speaker, the B–1 has had a re- in Austin, Texas. He was 88 years old, was a State Representative in the sev- markable combat history: In Desert and is survived by three daughters. enties when he was my Member of Con- Fox, its combat debut in Iraq in 1999, Bob Eckhardt actually was in Dis- gress. with the Allied force there and the ef- trict 8 from Texas, which is now rep- He was a man of integrity, honor, fort that went forward. The B–1 created resented by the gentleman from Texas commitment, and service. He was a an unparalleled record in Kosovo that (Mr. BRADY), but I represent most of great man who gave himself selflessly may be unsurpassed in history, in the population in the geographic area for the betterment of others. which it completed 100 of 100 combat

VerDate 06-NOV-2001 01:55 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A14NO7.007 pfrm04 PsN: H14PT1 H8162 CONGRESSIONAL RECORD — HOUSE November 14, 2001 missions and took off on time 100 per- and women at Ellsworth Air Force have committed felony criminal of- cent of the time. Just seven B–1s Base, 28th Bomber Wing, and the B–1 as fenses. They had hired and maintained dropped 20 percent of the bombs, over the workhorse of the bomber fleet we known felons on staff and falsified doc- 21⁄2 million pounds of munitions, during are using to win the war in Afghani- uments to the Federal Government. that conflict. stan. Of course, they provide security at Now, currently in Enduring Freedom f the largest airport in Texas, and they in Afghanistan, B–1s are currently fly- are being very ably defended by the ing a large percentage of the bomber CONFERENCE COMMITTEE FAILS majority whip and the majority leader: missions in Afghanistan and have de- TO MEET TODAY TO FINISH Let us keep these people in business, stroyed a large percentage of the total WORK ON AIRLINE SECURITY they are doing such a great job. targets. B–1s are dropping precision LEGISLATION Guess what: They were just found to weapons and carpet bombing Taliban The SPEAKER pro tempore. Under a have violated their probation which strongholds on a continuous basis. Mr. previous order of the House, the gen- they were put on last year for their Speaker, the B–1 is playing a huge and tleman from Oregon (Mr. DEFAZIO) is criminal violations, and their proba- important role in the war. recognized for 5 minutes. tion has been extended another 5 years. I would be remiss, too, Mr. Speaker, Mr. DEFAZIO. Mr. Speaker, I was They are saying, well, we will more if I did not acknowledge the folks from shocked to find out that the conferees closely supervise people. What provides South Dakota and my home State from on the House aviation security package closer supervision than probation? I Ellsworth Air Force Base who are have just canceled the conference at guess if we started putting the CEOs in doing a remarkable job in Afghanistan. the behest of the House leadership for jail maybe we would get their atten- Ellsworth Air Force Base has de- today. tion. But right now I think that is the ployed a large number of air crew That is extraordinary to me. It has closest supervision they can provide, members, maintenance, and support been more than 2 months since the ter- yet we are delaying the conference, de- personnel to support the war on ter- rorist attacks, nearly 1 month since laying the bill, to defend the right of rorism. South Dakota soldiers and air- the Senate passed a bill 100 to 0, and these pathetically failing companies to men prepare meals and load bombs. next week is Thanksgiving, the busiest stay in business. Airmen from South Dakota put them- travel weekend of the year, at least They say, well, we will have very strict Federal standards. We will set selves in harm’s way. historically in terms of aviation, al- The Ellsworth Air Force commander, though concerns about the system wages and benefits. The Federal Gov- as I said earlier, Colonel Rice, com- might crimp that a bit this year. ernment will train the people, the Fed- mands all B–1 and B–52 operations over Yet, the conferees did not manage to eral Government will supervise the Afghanistan. In the war on terrorism, work over the weekend. The conferees people. They will be put in uniforms that look like Federal uniforms, but the men and women of Ellsworth Air met yesterday for an hour and a half they will not be Federal uniforms. Force Base, South Dakota, have shoul- and did not manage to work late into They will be made faux deputies; they dered a huge responsibility in an effort the night. Today the conference is can- will be deputized by the Federal Gov- to make America safe against the evil celed. We hear that the Republicans ernment but given no powers, and they that lurks in terrorist camps and caves are going to caucus with the White will be given badges that look like Fed- throughout the world. House but not include Democrats in eral badges. They are going to do all of Air Force B–2, B–1, and B–52 bombers the discussions. It sounds a little bit that. flew about 10 percent of the combat like a formula for disaster. What is the role left for these failing What is the system that they are de- missions over Afghanistan, but dropped private security companies except to fending? Here is the system that the more than 80 percent of the tonnage ex- collect their ill-gotten gains, their pended, hitting 70 percent of the aim Republican leadership is defending. profits? We will end up with more su- At Boston, part of a concourse, and points identified, and damaged or de- pervisors under that system because of this is yesterday, at Logan Airport was stroyed about three-quarters of all the all the promises they have had to targets in this operation. evacuated. Five hundred passengers make. Mr. Speaker, today I would like to were rescreened after an exit door was They say, we know it does not work pay special tribute to the folks from left unattended by the private security very well, so we will put Federal super- South Dakota and Ellsworth Air Force firm. visors at every screening point. We will Base, and to Commander Ed Rice, for Chicago: A gentleman who boarded a put Federal supervisors at every con- the tremendous effort those folks have flight in Miami was just randomly re- veyor belt. We will put Federal super- played in leading us to the successes checked boarding a flight to Hong visors at every boarding gate. we are seeing and the progress we are Kong in Chicago, having gone through By the time the Republicans finish making in winning the war on ter- screening, private screening, in Miami, defending the failing private security rorism. and was found to have large cutting firms, they have created a Rube Gold- I would also acknowledge the impor- implements in his luggage; apparently berg that is twice as big as the Federal tant role that the B–1 bomber has innocent, he is a chef, but these are not system would be if the solution had played in this very important mission. allowed on the plane. We cannot even been adopted as was adopted 100 to 0 by We would not be where we are today, take our cuticle scissors. Yesterday he the United States Senate more than a Mr. Speaker, were the B–1 not the had something that more resembled month ago. workhorse in Afghanistan. meat cleavers. But we cannot agree on that, and I believe it is significant in light of Of course, there have been 24 major today we cannot even meet to discuss the discussions we are currently having security violations prior to yesterday, it. Last weekend they did not have about military strategy and force and we are up to 26. Basically, they get time to stay in town and discuss it. structure as we head into the future about a 50 percent batting average; Thanksgiving is looming very near in that the B–1 bomber, in its role in Af- that is, every other day it seems like the future. They talk about not deliv- ghanistan, that we acknowledge the there are no known major security ering a turkey bill. I will tell the Mem- tremendous success, the tremendous breaches in the screening system. How- bers what, the biggest turkey or the assets and attributes that this par- ever, before September 11, the private biggest bad April fool, out of date, will ticular plane and weapons systems is screening companies, over the last 5 be if we do not give the American peo- able to possess and bring to our mili- years, averaged one security breach a ple a robust overhaul of this system be- tary arsenal, and our ability to protect day that was serious enough to be pros- fore the busiest travel weekend of the America and to keep it safe in this new ecuted or fined, one a day. year. century against the evils of terrorism This is the largest private security f and other threats that may be pro- firm in the United States of America, jected against the United States. Argenbright Security, owned by b 1430 Mr. Speaker, today I would simply Securicor of Europe. They have some The SPEAKER pro tempore (Mr. close by, again, acknowledging the men problems. They were found last year to SHIMKUS). Under a previous order of the

VerDate 06-NOV-2001 01:35 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.036 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8163 House, the gentleman from Indiana MILLENDER-MCDONALD) is recognized far, the United States has only dropped (Mr. SOUDER) is recognized for 5 min- for 5 minutes. about 1 percent of that need. Approxi- utes. Ms. MILLENDER-McDONALD. Mr. mately 1.7 million children are at risk (Mr. SOUDER addressed the House. Speaker, again I rise to express my this winter from freezing and starva- His remarks will appear hereafter in outrage to the American people about tion. A significant increase in food, the Extensions of Remarks.) the brutal treatment directed against shelter, education and health care serv- f women and children by the Taliban re- ices is necessary to ward off starvation, gime. disease and death. HONOR THE FALLEN The Women’s Caucus, on which I We must ensure that more aid is di- The SPEAKER pro tempore. Under a serve as one of its Chairs, had the rected to the region and increased do- previous order of the House, the gentle- privilege of meeting with Defense Sec- nations are directed to the U.N. funds woman from Virginia (Mrs. JO ANN retary Rumsfeld, Assistant Secretary so that children in this war-torn nation DAVIS) is recognized for 5 minutes. Wolfowitz, and Tori Clarke, the assist- can receive assistance before the harsh Mrs. JO ANN DAVIS of Virginia. Mr. ant Deputy Secretary for public affairs winter sets in. Speaker, I began last week with the at the Pentagon on Thursday to discuss Reports of children being recruited help of my colleagues to read a growing the war on terrorism. by the Taliban is also very disturbing. list of over 3,000 individuals who per- As the women of this House ex- These reports indicate that there has ished on September 11, 2001. This list, pressed their concern for the women been increased recruitment of children provided by the Congressional Re- and children of Afghanistan, we were to perform service. I have witnessed search Service, includes the names of at ease to know that our administra- horrific displays of young boys on the many of the victims of the recent hor- tion supports our concerns 110 percent. battle front who appear barely in their rific attacks on our great Nation. We have vowed to work with the Sec- teens carrying assault rifles and even I stand before this House to pay my retary to ensure that women and chil- rocket-propelled grenade launches on respects to our fallen brothers and sis- dren are benefactors of any aid pack- television. We must continue to up- ters; and I ask my colleagues again to ages to the region and that any at- holds efforts to stop this practice. join me today, and for as many days as tempts to return prosperity to Afghan- Mr. Speaker, I applaud the adminis- it takes, in this ongoing effort to honor istan includes the input of women-led tration’s commitment to the women those individuals who lost their lives NGOs and the Afghani people. and children of Afghanistan; and the or are still missing. We also discussed the importance of Women’s Caucus looks forward to Elena Ledesma; Alexis Leduc; Daniel informing the American people about working closely with Secretary Rums- John Lee; Dong Lee; Richard Y.C. Lee; how ridiculous the Taliban truly is. In feld to ensure dramatic increases in the Juanita Lee; Lorraine Lee; Myung-woo order to do that, we must continue to United States’ efforts to provide long- Lee; Yang-Der Lee; Kathryn Blair Lee; bring attention to their treatment of term humanitarian assistance. As I have said each time I have come David Shufee Lee; Hyun-joon Paul Lee; women and children in the region. to this floor to address this issue, I Jong-min Lee; Stuart Soo-Jin Lee; Tonight I will focus on the children stand in full support of providing direct Gary H. Lee; Stephen Lefkowitz; of Afghanistan, defenseless victims in funding to Afghan women-led organiza- Adriana Legro; Edward J. Lehman; this web of persecution. In addition to tions like the Revolutionary Associa- Eric Andrew Lehrfeld; David Ralph women, children have also been denied tion of the Women of Afghanistan, Leistman; David Prudencio Lemagne; their most basic rights to health, edu- which is RAWA, to ensure that the pri- Joseph A. Lenihan; John Joseph cation, family life, and all too often mary benefactors are women and chil- Lennon, Jr.; John Robinson Lenoir; have themselves been targets. dren. If we are to have durable peace in Jorge Luis Leon; Matthew G. Leonard; Mr. Speaker, in addition, an increas- Afghanistan, it is important, Mr. Michael Lepore; Charles A. Lesperance; ing number of Afghan children are Speaker, to provide hope and rehabili- Jeffrey Earle LeVeen; John Dennis being drawn into war by the ruling tation to the Afghani children and Levi; Neil D. Levin; Alisha Caren Taliban. However, things have changed youth in order to make them a con- Levin; Robert M. Bob Levine; Shai this week and we are hopeful for the structive force for the rebuilding of Levinhar; Daniel C. Lewin; Jennifer better. their country. Lewis; Kenneth Lewis; Adam J. Lewis; My heart goes out to the children of Margaret S. Lewis; Ye Wei Liang; Dan- Afghanistan who will be left with the f iel F. Libretti; Ralph M. Licciardi; Ed- scars and mental anguish of having REPORT ON RESOLUTION PRO- ward Lichtschein; Steven B. watched their mothers being beaten in VIDING FOR CONSIDERATION OF Lillianthal; Carlos R. Lillo; Craig the streets or executed. Sadly, Afghani H.R. 2269, RETIREMENT SECURITY Lilore; Arnold A. Lim; Darya Lin; children face more hardship than sim- ADVICE ACT OF 2001 Weirong Lin; Tomas Gallegos Linares; ply witnessing the abuse of their moth- Ms. PRYCE of Ohio, from the Com- Nickie Lindo; Thomas B. Linehan, Jr.; ers. mittee on Rules, submitted a privi- Robert T. Linnane; Alan Linton; Diane The United Nations estimates that 2 leged report (Rept. No. 107–289) on the T. Lipari; Kenneth P. Lira; Francisco million Afghan children are either ref- resolution (H. Res. 288) providing for Liriano; Lorraine Lisi; Vincent M. ugees living in overcrowded shelters in consideration of the bill (H.R. 2269) to Litto; Ming-Hao Liu; Joseph Livera; neighboring countries or are internally amend title I of the Employee Retire- Alexandru Liviu; Nancy Liz. displaced. About 25 percent of children ment Income Security Act of 1974 and Mr. Speaker, this is by no means the inside Afghanistan die before age 5 the Internal Revenue Code of 1986 to entire list, but I thank my colleagues years of diseases that could be cured by promote the provision of retirement in- who have already joined me in reading commonly-available medicine. This is vestment advice to workers managing these names and putting them in our as a result of women being denied or their retirement income assets, which RECORD, and I ask my other colleagues not receiving proper health care for was referred to the House Calendar and to continue to step forward and to read themselves or their children. ordered to be printed. The question must also be raised these names, that we may write them f down in the history books so they will about who is carrying for the over-1 be remembered as people, as family million orphaned children of Afghani- REPUBLICAN POSITION ON members, as opposed to numbers. stan. Already an extremely poor coun- AIRLINE SECURITY f try and a poor nation, Afghanistan is The SPEAKER pro tempore. Under a experiencing its worst drought in liv- previous order of the House, the gen- DENOUNCING THE TREATMENT OF ing memory. The Afghan people are tleman from Florida (Mr. FOLEY) is WOMEN AND CHILDREN IN AF- desperate for food, medicine, and shel- recognized for 5 minutes. GHANISTAN ter. With harsh Afghan winter coming Mr. FOLEY. Mr. Speaker, there have The SPEAKER pro tempore. Under a on, the prices will only get worst. been some troubling comments made previous order of the House, the gentle- Experts estimate that Afghanistan by our colleagues relative to the Re- woman from California (Ms. needs 1,500 tons of food relief daily. So publican position on airline security.

VerDate 06-NOV-2001 01:35 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.038 pfrm04 PsN: H14PT1 H8164 CONGRESSIONAL RECORD — HOUSE November 14, 2001 There have been many comments made I applaud everyone in this Chamber thia Plascencia, for winning the Bur- that we somehow do not treat this ur- who has worked hard on trying to get bank Middle School essay contest on gent matter with the due diligence an aviation safety bill passed. I regret why tobacco is not for her. This con- that it deserves; and I want to under- some are using false rhetoric in de- test is sponsored by the Texas Depart- score, as chairman of the Travel and scribing our leadership and others as ment of Health; and it is called A Week Tourism Caucus, the co-chairman not caring about public safety. I take Without Tobacco or, in Spanish, along with the gentleman from Cali- umbrage and challenge those types of Semana Sin Tobacco. I would like to fornia (Mr. FARR), that we take this statements because they are abso- submit a copy of Cynthia’s essay for very seriously; and I want to also un- lutely, factually incorrect. We want the RECORD. derscore as a Floridian, tourism is our safety. We want security. We Cynthia’s essay gets to the real rea- number one enterprise in our State. prioritized these issues. We will not sons why she does not smoke and why It seems like we are all bickering back away from these issues; but when she does not want to let anything come over a potential whether we should my colleagues use one little political between her and her dreams. Cynthia is hire 28,000-some workers and whether call that by hiring these 28,000 we have not swayed by statistics, but I think I those workers be part of the Federal ensured some degree of safety, we are need to mention just a few because system. Let me suggest to my col- misleading people because it will take they highlight just what we are up leagues that under the Republican far too long, potentially 3 to 5 years, to against. version of the bill that is languishing even get this workforce up and run- TOBACCO: WHY IT’S NOT FOR ME in the other body for failure to com- ning, and that in fact does not bring se- Tobacco. A pleasant get away for some promise on some other positions, we curity to date. Our bill does. people, a disgusting habit for others. Now suggest that we could do a blending at I urge the other body to act. I urge most 13 year old nerds, ahem, I mean, kids would argue that tobacco is bad. I’m cool the discretion of the President and the them to compromise. I look forward to with that, but when they are asked why it’s Transportation Secretary, former a bill for the President to sign and re- bad, some would probably respond,’’ Uh, I Democratic Chairman Norman Mineta, turning safety to our skies. dunno. My dad told me it was.’’ At least to that we look to see what is most appro- f me that isn’t enough evidence to argue with. priate for securing the terminals at our The SPEAKER pro tempore. Under a But I am not one of those kids who sit there and say, ‘‘Well, 14,000,000 people die every airports throughout our Nation. previous order of the House, the gentle- Let me ask anybody who has owned a day of lung cancer. 7,000,000 die every hour. woman from Georgia (Ms. MCKINNEY) is business or hired people before how 100,000 die every minute.’’ That may be more recognized for 5 minutes. evidence, but statistics isn’t going to stop a long it takes to do background and (Ms. MCKINNEY addressed the 14 year old from smoking a cigarette. There’s training to get a workforce ready. Mul- House. Her remarks will appear here- more to it than that. Enter my mind, and tiply that by 28,000 individuals, and my after in the Extensions of Remarks.) learn about what goes on in a kid’s head; colleagues will see the complexity of what we think, what we know, what we are. the problem. It may not be a big prob- f After all, no one knows what a kid thinks, lem for LaGuardia or JFK or Wash- The SPEAKER pro tempore. Under a but a kid. ington Reagan National or John Wayne previous order of the House, the gen- Maybe the main reason why I don’t smoke is because of my family. Everyone thinks and some of the larger airports in our tleman from Illinois (Mr. DAVIS) is rec- ognized for 5 minutes. they should look out for number 1, but with country; but think of some of the me it’s never been like that. My family has smaller regional and rural airports (Mr. DAVIS of Illinois addressed the always been my main priority. I needed guid- where we must man that same security House. His remarks will appear here- ance, it came from my family. I needed fam- checkpoint. after in the Extensions of Remarks.) ily support, it came from my family. I need- Every Republican supports strict f ed money—Well you get the point. My family comes first, and I would never do anything Federal rules and regulations. Every CONGRATULATIONS TO CYNTHIA Republican is not satisfied with the that would disappoint them. By smoking I PLASCENCIA would make myself feel great for, what, 5 status quo. Those that have accused us The SPEAKER pro tempore. Under a minutes. Then what? Mood swings, head of somehow trying to be supportive of aches, smelly breath, yellow teeth, asthma, the current contract holders of this previous order of the House, the gen- and by the time you realize the mistake service are absolutely unequivocably tleman from Texas (Mr. GREEN) is rec- you’ve made, it too late. You’re at the end of wrong. In my case in Palm Beach ognized for 5 minutes. your rope. And I think the biggest devasta- County, I would love for the President RESPONSE TO REPUBLICAN’S POSITION ON tion for me is seeing my parents mourn the of the United States and Mr. Mineta to AIRLINE SECURITY death of their daughter. It pains me to see Mr. GREEN of Texas. Mr. Speaker, I my family suffer. And for what? A cigarette? contract with the Palm Beach County It’s not worth it. Sheriff’s Department professional law will respond to my colleague from the My education. A biggie in my life. At times enforcement officers, members of the other side of the aisle. I am not here a burden, but it’s all right. It’s important Police Benevolent Association Union for that purpose, but just to say that it that I finish my education and get a good ca- or Fraternal Order of Police Union, took 3 weeks to get a bill on the floor reer. You see, I come from a big family. I allow them to be contracted with to be of the House, and we were in a par- have about 19 cousins. All of my cousins that on-site security screeners for our air- liamentary situation where we did not are older than me, and my brother, haven’t have any choice but to try to keep it succeeded in life. Either they don’t have the ports. economic support, or they just don’t want to We can do that in a matter of 72 out of conference committee. We lost do anything with their lives. There’s seven of hours, deploying those people to that and so it is still in conference com- them. What about the other 11? Who is going important checkpoint. That is what mittee. It is almost 2 weeks now since to be their role model? In the end I am the the flexibility provides the President it went in there. one they’re going to look up to. And if to- the right to do; but under their version, I do not necessarily think they all bacco ever got involved in my life, I don’t it cannot be done that way. ought to be federalized either, but I think I would be able to carry out my pur- We may hire 28,000 people ultimately, think we should have moved on it a pose. No one in my family has graduated high school with honor. And I’m not going to who knows. We will continue to nego- month ago, and we are not in charge. let tobacco stop me from being the first. tiate and try and prevail in the opinion The Republicans are. And it took 3 Now, I see that I have to be my own per- which we believe is the correct one, weeks to get a bill on the floor of the son. I’m not my brother. I’m not my father. that we have a blending of responsibil- House. I am me. If I smoked, I would be less than ities; but if we do not secure the en- Let me get back to what I really what I am. And I’ve never demeaned myself tirety of the airport system, including wanted to talk about, Mr. Speaker. for anyone, or for anything. So, I guess what those who work at the ramps, those This last week, last Monday on Vet- I’m trying to prove is that tobacco is not going to stop me from the best. And I don’t who load the luggage, those who bring erans’ Day, our holiday, I had a chance need statistics to tell me that. in the food carts, or those who clean to go to one of our middle schools in the planes, we will have left a gaping my district, Burbank Middle School, b 1445 hole in the security of our airplanes and I rise to congratulate a young Bur- Forty-seven million American adults and our airports. bank Middle School constituent, Cyn- are smokers. Ninety percent of them

VerDate 06-NOV-2001 01:35 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.040 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8165 started smoking before they were 18. over the last couple of weeks and spo- hostages returned. We want these Three thousand teenagers will become ken about the unfinished business of young women returned. These young regular smokers each day. So when we this House, and I again rise to my feet. women were not violating any laws finish this day, we can count 3,000 more Let me, first of all, make a very brief other than merciful efforts to help peo- young people that will become smok- comment about airline security. We ple to have a better life. ers. Already this year more than 1 mil- had a deal, Mr. Speaker. We had a bill The Taliban should be challenged. lion kids, a million children, have be- passed by 101 in the other body. We had Yes, they may be running away, the come smokers. Three hundred forty the opportunity in this House to like- Northern Alliance may be victorious, thousand of those kids will die as a re- wise pass that bill and immediately they may be in Kabul, but we must sult of becoming smokers. place it on the President’s desk. The stand up for these young women. I am Mr. Speaker, to look at these num- Republican majority chose not to do looking to the State Department to bers, one would think we would never that, causing a conference and causing begin to ask the hard questions about be able to win the battle against this delay. these young women, and I want to join dangerous and deadly habit. But I be- In the course of that delay, an indi- with my colleague, the gentleman from lieve that Cynthia Plascencia and her vidual went into O’Hare Airport with Texas (Mr. EDWARDS), to demand for friends are smarter than that. They seven knives, a stun gun, and pepper their release, but also for a voice of the know smoking not only causes them to spray. Now, I have legislation that I United States, the kind of voice we had have bad breath, stained teeth, and will be offering that criminalizes the with the hostages in Iran. smelly clothes, they know it interferes carrying of knives and instruments of with them achieving their dreams. Let us have a voice as we parallel to danger on airplanes, but I would much fight terrorism and to fight against the They know they will not be able to rather be passing a comprehensive air- reach for the stars if they have to be Taliban. Have them give our people line security bill, and I hope we will do back and let our voices be loud. hooked up to a respirator. They know that. that cancer, heart disease, stroke and I offer that in the spirit of biparti- Mr. Speaker, let me briefly thank the asthma will not help them reach their sanship and I offer that in the spirit of gentlewoman from Virginia (Mrs. JO goals. They know they will never meet the voice of the American people. I ANN DAVIS) for what she has been doing their athletic goals if they cannot have heard their voices, and I think in acknowledging those who lost their catch their breath. And they know their voices sing the same refrain: Help lives on September 11, 2001. As I begin they will not do well in school if they us protect ourselves and help us pro- to call their names, and I may not be cannot concentrate. tect those who travel the airlines of able to conclude it, but I want to call After reading Cynthia’s essay, I be- America and around the world. their names and ask apologies of their lieve that teenagers today, when armed I also feel compelled to come to this families if I mispronounce them: with the right information, will know floor to acknowledge the needs of two Harold Lizcano, Martin Lizzul, better than to start smoking. young women, Dayna Curry, who cele- George Llanes, Elizabeth Claire ‘‘Beth’’ We have learned that there are pro- brated her birthday while incarcerated Logler, Catherine Lisa LoGuidice, Je- grams that work. Study after study in an Afghanistan jail, and Heather rome Lohez, Michael Lomax, Stephen have proven that anti-smoking edu- Mercer, 24, both of them from the State V. Long, Laura M. Longing, Salvatore cation campaigns significantly reduce of Texas. Let me thank their Lopes, David Lopez, Maclovio ‘‘Joe’’ tobacco use among kids. Community- Congressperson, the gentleman from Lopez, George Lopez, Manuel ‘‘Manny’’ based programs, public education, Texas (Mr. EDWARDS), for his untiring L. Lopez, Leobarbo Lopez, Daniel school-based programs, assistance for efforts on their behalf. Lopez, Israel P. Lopez, Luis M. Lopez, smokers who want to quit, enforce- I rise today as a mother, as the Chair Chet Louie, Stuart Seid Louis, Joseph ment of youth access laws are all im- of the Congressional Children’s Caucus, Lovero, Sara Low, Michael W. Lowe, portant components of an anti-smok- as a woman, to ask whether or not Garry Lozier, John Peter Lozowsky, ing campaign. But most importantly, these young ladies have been forgotten Charles Peter Lucania, Edward ‘‘Ted’’ we must get to the children before they along with the other detainees. We now Hobbs Luckett, II, Mark G. Ludvigsen, start smoking. We need to work to see find out that with the Taliban they Lee Charles Ludwig, Sean Thomas that all students, like Cynthia have been absconded off to the south- Lugano, Daniel Lugo, Jin Lui, Marie Plascencia, know that it is just not ern part of Afghanistan. We do not Lukas, William Lum, Jr., Michael P. worth it to start smoking. know where they are. We are told by Lunden, Christopher Lunder, Anthony Cynthia is an example of the culture Luparello, Gary Lutnick, Linda we must create in our children, where Afghanistan detention center guards that they were nice young women; that Luzzicone, Alexander Lygin, CeeCee it is not cool to smoke. Because kids Lyles, and Lyn Corea Gray. see friends, family, and movie stars they were taken away in the dark of smoking, they think it is a way to gain night; that we do not know where they They are all people. They lost their social acceptance. If that myth dis- are. We believe they may be going off lives on September 11, 2001. It is the appears, kids will be less tempted to to a southern city. challenge of this House to pay tribute start smoking. We understand the conditions they to them in the works we do and also to Everyone must realize that smoking were living in were none to be proud of. bring our hostages home. is like crack or heroin, it is addictive There was no four star and five star and it will take a person’s life at a hotel. We understand that they tried to f much earlier age. stay positive by singing songs and Mr. Speaker, tomorrow is the Great praying. We understand that they do TRIBUTE TO BENNY H. POTTER American Smokeout. Millions of Amer- not separate from each other. They are icans will stop smoking for the day. two Americans, I think there is a total The SPEAKER pro tempore. Under a Let us hope that they take it a step of eight, and they are united. previous order of the House, the gentle- further and give up smoking for life. We also understand that family mem- woman from California (Ms. WATSON) is bers have not been able to talk with recognized for 5 minutes. f them; that they have not been able to Ms. WATSON of California. Mr. UNFINISHED BUSINESS ASSOCI- meet with outside officials since their Speaker, Veterans Day, a few days ago, ATED WITH SEPTEMBER 11 lawyers’ last visit in late October. Who was very significant to someone in my EVENTS amongst us, Mr. Speaker, would tol- district. I want to pay tribute to Benny The SPEAKER pro tempore (Mr. erate that here in the United States or H. Potter, a resident of the West SHIMKUS). Under a previous order of the accept that? Adams community in Los Angeles. He House, the gentlewoman from Texas These young women cannot be for- lived there for a decade, and was a vet- (Ms. JACKSON-LEE) is recognized for 5 gotten. And even though there may be eran of the Second World War. He minutes. some inner workings, some negotia- passed away recently. He was greatly Ms. JACKSON-LEE of Texas. Mr. tion, I think the voice of the United loved and respected by all in the com- Speaker, I have often risen to this floor States should be strong: We want our munity who knew him.

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.044 pfrm04 PsN: H14PT1 H8166 CONGRESSIONAL RECORD — HOUSE November 14, 2001 Mr. Benny, or Uncle Benny as he was The SPEAKER pro tempore. Under a granting of pediatric exclusivity is 9 affectionately called, was born on Au- previous order of the House, the gentle- months. For 9 months, doctors, pa- gust 21, 1919, in Albuquerque, New Mex- woman from Ohio (Ms. KAPTUR) is rec- tients and their families have no idea if ico. His family migrated to Los Ange- ognized for 5 minutes. the child is receiving a proper dosage les in 1925. During World War II, he was (Ms. KAPTUR addressed the House. and if the drug is really safe. assigned to the 10th Cavalry Division, Her remarks will appear hereafter in On this chart, exclusivity granted, which sent him to North Africa to the Extensions of Remarks.) and below in parentheses was when the serve under General George Patton. He f label was provided. In Lodine, it took 9 months for them to change the label, later served in Italy and Germany and The SPEAKER pro tempore. Under a and after the label was changed, ap- had the honor of marching in the V–E previous order of the House, the gen- Day Parade in Paris, France. proximately two times a lower dose tleman from Virginia (Mr. SCOTT) is recommended. It should have been cut Mr. Potter served his country with recognized for 5 minutes. in half. Nobody knew that for 9 distinction. His family recently re- (Mr. SCOTT addressed the House. His months. ceived a letter of commendation from remarks will appear hereafter in the Buspar, if Members take a look at it, the President of the United States for Extensions of Remarks.) his distinguished service. He received 2 months after exclusivity is granted, four decorations for his service: The f they finally say safety and effective- American Campaign Medal, the Euro- PEDIATRIC EXCLUSIVITY BILL ness were not established in patients 6 pean-African-Middle Eastern Campaign to 17 years old. In other words, it did Medal, the Good Conduct Medal, and The SPEAKER pro tempore. Under a not do anything. They are marketing it the Victory Medal. previous order of the House, the gen- as a drug to help the patient. At Mr. Potter’s memorial service, tleman from Michigan (Mr. STUPAK) is How about Fluxvoxamine. Again, ex- four generations of relatives spoke. recognized for 5 minutes. clusivity granted January 3, 2000. Eight Two generations still live in the West Mr. STUPAK. Mr. Speaker, I rise months later the label is changed. It Adams area. Numerous friends and today to urge Members to vote against says it may require lower dosage, and neighbors saluted him with songs and H.R. 2887, the Pediatric Exclusivity it gives an age group. words of praise, and I promised to give bill, as it will appear on the suspension Propofol, exclusivity is granted Au- him the flag in his memory that I re- calendar tomorrow. It has a number of gust 11, 1999; but they did not change ceived after I served as Ambassador to controversial provisions. the label to let the doctors, patients, Micronesia because he so well rep- First approved in 1997, pediatric ex- and families know until 18 months resented our country and our family clusivity granted the drug companies later. It says here ‘‘may result in seri- abroad. an extension of 6 months under patents ous bradycardia.’’ It goes on to say it is At 81 years of age, Benny Potter was if they would provide a study to deter- not indicated for pediatric ICU seda- still the neighborhood gardener and mine if the drug was beneficial to tion, as safety has not been estab- handyman. He would bring magazines young people. The FDA invites drug lished. That is information doctors to elderly neighbors and was always companies to do a study on what effect need to know. ready with uplifting stories or sage ad- the drug may have on young people. The worse thing is, the incidence of vice for everyday problems. Mr. Potter Upon completion of the study, the FDA mortality doubles from 4 percent to 9 was also the hub of an informal neigh- then grants a pediatric exclusivity to percent. That is information we need borhood news network. One neighbor the drug, which the drug companies to know. Doctors, patients, and fami- described him by saying simply: ‘‘He then use as a marketing tool to pro- lies should know this information be- was the best. He was CNN, the Sports mote and increase drug sales. fore we grant pediatric exclusivity. My Channel, the Weather Bureau, and he The grant of pediatric exclusivity amendment would require not just a was my friend.’’ takes place after the drug company study but proper labeling on the drug On this Veterans Day past, I think study is completed, without anyone before it is granted pediatric exclu- we should look back on all the con- knowing what the study says about the sivity and marketed. tributions of our veterans, as we will safety, the effectiveness, or the dosage Pediatric exclusivity is the only time be looking forward on those who have requirement for young people. There is that labeling is not a prerequisite to fought in this most recent war in Af- no requirement to change the labeling granting a drug approval. Why would ghanistan. Veterans like Benny Potter on a drug to reflect the changes that we want to endanger our children? risked their lives to protect our coun- may be needed when a drug is dis- Mr. Speaker, I cannot offer my try and their communities. But once pensed to young people. There is no amendment under the suspension cal- back home, his contributions contin- label to tell doctors, patients, or their endar. In order to have an opportunity ued. families on the proper dosage or on to offer my amendment to protect the Benny H. Potter, a man who never how to dispense or use the drug. health and safety of our young people in this country, we must defeat the bill met a stranger, leaves a legacy of b 1500 which we all may be proud, and he under the suspension calendar and send Before we grant pediatric exclusivity made us so much better. He serves as a the bill to the Committee on Rules to a drug and before this pediatric ex- shining example of the spirit which where I will be given an opportunity to clusivity is marketed as approved for drove our veterans to serve their com- offer my amendment. pediatric use, we should know what is munities in both war and peace and the I do not understand why the majority the effect of this drug on young people. spirit with which many of our young does not want doctors, patients, and Under the bill that will be before us men and women will be coming back families to know the effect of the drug, tomorrow, H.R. 2887, after a study is from fighting in a country so far away what is the effectiveness of the drug, completed, exclusivity is granted; but that they really did not know where it and is the drug safe for our children. the results of the study, the results was on the map. This is a tribute to Tomorrow I ask Members to defeat the may not be disclosed to the doctors, that kind of spirit that honors our bill under suspension so we can bring it patients and their families for up to 11 country and makes us the greatest back to the floor. months. The physician, the patient and country in the world. f the family has a right to know about f the drug the patient is about to ingest. STRATEGY FOR GLOBAL FIGHT The SPEAKER pro tempore. Under a Why does it take 11 months? AGAINST TERRORISM previous order of the House, the gentle- This chart highlights the problems The SPEAKER pro tempore. Under a woman from North Carolina (Mrs. with pediatric exclusivity. There have previous order of the House, the gen- CLAYTON) is recognized for 5 minutes. been 33 drugs granted pediatric exclu- tleman from New Jersey (Mr. AN- (Mrs. CLAYTON addressed the House. sivity, and only 20 have been relabeled; DREWS) is recognized for 5 minutes. Her remarks will appear hereafter in and it takes an average of 9 months to Mr. ANDREWS. Mr. Speaker, I rise the Extensions of Remarks.) do that. The average time from the today to call for the creation of a new

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.046 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8167 organization very much like the NATO a NATO for the 21st century. It should legislative and executive branch. It is a organization to help us in the global not be bound by geography the way the matter of necessity. It is our time to fight against terrorism. NATO was the NATO that followed World War II was. learn the lessons which followed World most successful organization in the I believe it should not even be bound War II, to build on the successes of modern history of the world for cre- by ideology as the first NATO was. It World War II and build a permanent ating a cooperative defense structure. needs to be bound together by the com- structure for peace, not only on the In fewer than 50 years, its principal mon interest in preparing for the like- land but in the skies and in the heav- enemy imploded without NATO ever lihood, some would say the certainty, ens. having to declare war or engage in seri- of attack by terrorists with strategic I believe that the proper way to do ous hostilities against that enemy, the weapons. Our President is taking an that is by the construction and mainte- former Soviet Union. Why did NATO important first step in that regard in nance of a NATO-type structure that succeed? I believe it succeeded for his meetings with the Russian presi- will defend us in space and in the air three reasons. First, there was a clear dent this week. I and the members of against the threat of errant or rogue or and obvious threat and enemy, the the other body wish him well. We need terrorist intercontinental ballistic former Soviet Union. to build on the success that I believe missiles. I would urge Congress to fol- Second, defense against that threat will come this week. low that course. was larger than any one country could In the defense authorization bill f handle. It required cooperation among which passed this Chamber and is now AIRLINE SAFETY Nations. in conference with the other body, Third, it was much more intelligent there is report language that was in- The SPEAKER pro tempore. Under a and efficient to have that cooperation serted at my request that encourages previous order of the House, the gentle- so that costs, both economic and mili- the administration to build on an ex- woman from Florida (Ms. BROWN) is tary, could be shared. isting regional missile defense system recognized for 5 minutes. The synergy that was created by the called the MEADS system. Presently, Ms. BROWN of Florida. Mr. Speaker, integration of the NATO countries per- Italy and Spain have joined with the Monday’s plane crash was another dev- mitted those NATO countries to force- United States in pursuing this system. astating blow to the residents of New fully make the argument to the rest of I believe that this instruction to the York and the citizens of this great Na- the world that the way of life that is Department of Defense and our admin- tion. Although we do not know the based upon the rule of law, tolerance istration can lay the foundation for the cause yet, I have been hearing it called and freedom and the free enterprise development of a new NATO for the a routine plane crash. God help us all if system was far superior to the world 21st century that will reach across na- we ever accept a plane crash as rou- view that NATO was opposed to. tions, across oceans, across ideological tine. Today we are faced with a very dif- divides to build and deploy a common I was in New York Monday and had ferent threat. It is the threat of an defense shield against the use of the to take the train back to D.C. I was international network of terrorists worst weapons of destruction by the talking to the train conductor who said who seek to destroy anyone who does worst destroyers that we have seen in that the U.S. lawmakers have failed not share their view of life and the the modern history of the world. the American people. This is what our world. That threat is not manageable On September 11, 2000, people would citizens think of this Congress. How by any one country. Even this one, as have said it was alarmist to worry many planes must go down before we mighty and as powerful as it is, cannot about the construction of such a shield. truly deal with the safety issue? Not defeat the threat of terrorism by itself. On August 11, 2001, others still would just who screened the baggage, but the President Bush and the members of have said that. But no one can say safety of the entire transportation in- his administration have done an exem- after the events of September 11, 2001, frastructure, including ports, rails, plary job since September 11, 2001, in that any hideous evil is beyond the bridges, tunnels, and maybe after yes- knitting together an alliance of civ- reach and imagination of people who terday, more safety inspectors for air- ilized nations and peoples everywhere are sworn to destroy us in these ter- planes. Does this Congress have to wait in revulsion against the acts of Sep- rorist networks. until another disaster strikes again to tember 11. That same kind of integra- We can hope that they do not get ac- act to protect our transportation infra- tion is necessary on a permanent basis cess to the weapons of mass destruc- structure? to win the war against terrorism. tion, or assume that they will. I believe Mr. Speaker, we do not want the Finally, the resources that are need- we must prevent them from getting American people to feel that we have ed, the money, the intelligence, the them with every fiber of our strength, failed them. I do not hold much hope, arms, are much more powerful if they but we also must assume that there but I ask the conferees to support the are multiplied and shared among na- will be failures and they will get access Senate version of the airline security tions. to these weapons. The only way to sus- bill so we can move on to other areas of I believe that the first place to start tain a defense against this likelihood homeland security. with the creation of this new NATO is or probability is the creation of a de- There is something that the Amer- on the question of the development and fensive shield. I believe the only way to ican public needs to know. At this very deployment of national missile defense. successfully create that shield is to fol- moment, American flight schools are As our President this week meets with low the lessons of our predecessors training pilots from countries spon- President Putin of Russia, they have when they built NATO: recognize the soring terrorism. All those terrorists made great progress toward agreement common threat of terrorism, recognize need to do is pay in cash, and those between our two countries on the ne- the futility of any one nation dealing schools will teach them anything they cessity of developing and deploying a with that common threat by itself, rec- need to know. Preventing those with ill weapon shield that would prevent inno- ognize the advantages of knitting to- intent from acquiring flight skills, cent people from being attacked by an gether the resources of many nations which they can use in a hijacking, is accidental or rogue strike of an inter- to build that shield. just as important if not more impor- continental ballistic missile. When we do, the prosperity that will tant as other issues being addressed in I believe that shield must be con- result, the humanity that will result, this legislation. structed by far more than just two na- the respect among nations that will re- It saddens me to know that the ter- tions. I believe that to succeed against sult, will provide the best evidence for rorists accused of these hideous acts on the new common enemy of the ter- those who are not under the shield that September 11 received their flight rorist network, against the likelihood they should change their own govern- training at Florida flight schools. Obvi- or certainty that that network will ments, change their own countries and ously, current law regulating who may achieve the ability to deploy and use come within the protective shield of receive training and what kind of strategic weapons, that we need the that umbrella. training they receive is insufficient. creation of a new type of structure Mr. Speaker, it is not a partisan The other body passed a version that that follows and tracks NATO. We need issue. It is not an issue between the addressed this matter by requiring

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.052 pfrm04 PsN: H14PT1 H8168 CONGRESSIONAL RECORD — HOUSE November 14, 2001 aliens and other individuals, as deter- which we respond to a very simple well under way today as we see by mined by the Department of Transpor- question: If the economy falls on hard events in Afghanistan, we committed tation, to acquire a certificate indi- times and if in that period of time peo- this Nation to wiping out international cating completion of a background in- ple are losing their jobs, production terrorism, and this Nation is doing the vestigation by the Attorney General falls, investment falls off, the energy job. Is it not marvelous, Mr. Speaker, prior to beginning flight training. seems to be sapped from the economy, the extent to which the Congress, from what by way of government policy can both sides of the aisle, cooperate with b 1515 be done? the President in this very important Under this section, a background There are basically two areas by job of ridding the world of these vil- check consists of a criminal, immigra- which we can respond to this. It is lainous characters that would per- tion status and security check. Flight called countercyclical monetary and petrate such horrible acts? training includes in-flight training, fiscal policy. We can respond by mone- But another part of the blow that we training in a simulator and any other tary policy to try to expand the money took on that day was a blow to our form or aspect of training as defined by supply and encourage growth for the economy, and that blow to that econ- the Secretary of Transportation. economy. In that, Chairman Greenspan omy really sent us to some extent I encourage the conferees to support and the Federal Reserve Board have back. Make no mistake about it, the the language of the other body. We been more than thorough in their ef- American economy is still the strong- have waited weeks for this legislation forts along that line. We have brought, est economy in the world and we are to reach the floor and we should not through their efforts, interest rates still doing well, but it is not per- leave for Thanksgiving vacation until down to as low a level as possible. We forming as it can be, as it should be, the American people feel safe to fly in in the Congress of the United States and people are losing their jobs. They their own country. need to turn our eyes toward the Fed- look to us to do something about it. f eral Reserve Board and say, ‘‘Thank The President of the United States has, ECONOMIC STIMULUS FOR you, ladies and gentlemen, you have after mobilizing all the resources, ask- AMERICA done so much, and we appreciate your ing for and receiving as much as $100 effort.’’ And at the same time we need billion of new spending for these crit- The SPEAKER pro tempore (Mr. to recognize that more can be done and ical defense and security needs the Na- OSBORNE). Under the Speaker’s an- in particular that more that can be tion has, turned his attention to what nounced policy of January 3, 2001, the done must come from us. else we could do and asked for us to gentleman from Texas (Mr. ARMEY) is For reasons that are not altogether give a pro-growth, job-creating tax re- recognized for 60 minutes as the des- clear to everyone, the American econ- duction to the American people. We ignee of the majority leader. omy began to downturn sometime last studied on that, the White House stud- Mr. ARMEY. Mr. Speaker, I want to year. I remember the downturn became ied on that, others in town studied on appreciate you presiding over the body, clearly evident to us, to the point that that, and there developed a, I might the Chamber, today. now Vice President DICK CHENEY as a say, scholarly consensus that if in fact Mr. Speaker, I was tempted to ask candidate for that office spoke about it you were going to use reduction in unanimous consent that the body agree during that campaign season. I can re- taxes to stimulate the performance of with me that Oklahoma be number member how he was berated by his op- the economy, put us back on a growth one, but I would not want to put you in position for, as they said, talking down path and, indeed, in the final analysis a position of having to object from the the economy, an unfortunate reaction create jobs so that your neighbors can chair. in that while we had to have somebody go back to work, your sons and daugh- The SPEAKER pro tempore. Without who would say, ‘‘Hey, there is serious ters can graduate next spring and find objection. trouble on the waters and we need to those jobs that you have been hoping Mr. ARMEY. The Speaker is a gen- be ready to respond to it,’’ we really for, that we would have to concentrate tleman for sure. did not as a Nation need others to say, our efforts on the investment side of Mr. Speaker, I am here today with ‘‘Hush up, let’s not recognize our prob- the tax ledger. some of my colleagues to talk about a lems.’’ Chairman Greenspan in one meeting serious subject, but let me begin by So we went forward with that. And as that I attended said it, I thought so paying my respects to this great coun- the new administration took office, it perfectly, when he said, every dollar’s try. America is such a great country. took office with an understanding of worth of tax money left in the hands of We Americans are such hardworking this economic distress and a resolve to the American people for investment people. We go to work, take care of our do something about it. And, of course, purposes will leverage to higher rates families, look after things in our com- the President acted swiftly. I am proud of growth than dollars left in consumer munity, we work hard, pay our bills, to say this body worked hand in hand hands. And so, at the President’s re- pay our taxes. Beyond that, maybe we with the President as we passed earlier quest, the House of Representatives save a little bit of something for our this year the one thing that we might created a tax bill that focused on in- old age or our children’s education or do, that we could do, that we should vestment, growth and jobs. any number of dreams we might have. have done and that we did do to stimu- Let me talk about a few of the things We go to the private capital markets late the performance of the economy, in that tax bill that are being frankly and put that savings where it will be which was to cut taxes. That tax reduc- misunderstood and publicly maligned. safe and where it will grow and hope tion that we did in June of this past One of the other points that was made that those sacrifices we make today year has already showed up in the lives by Chairman Greenspan is that we will give us a better day. And all of of most Americans. We have seen it by ought to take all the good ideas on tax that activity that we do in what one of adjustments in our withholding taxes reduction and line them up and do my favorite economists, Alfred Mar- at work, we have seen it by the rebate what is known in the discipline of eco- shall, called the ordinary business of of overtaxes from last year. And that nomics and finance as a cost-benefit life, all that we do has resulted in this may have been all that we needed to analysis to see which of these will give great land building the greatest econ- move this economy back to a good you the most growth result as a con- omy in the history of the world. The growth cycle where the jobs could have sequence of their implementation. wonders of product from which Ameri- been not only sustained but in fact ex- That was done. And there was a con- cans consume daily and routinely are panded. sensus that again was articulated be- just magnificent and frankly the envy Then on September 11, with that hor- fore us by the Chairman when he said, of the world. rible, heinous act that was perpetrated the first most necessary thing that we But every economic system, every in this country by international terror- must do is put an end to the alter- economy, every great Nation at a time ists and the Nation took a blow, one native minimum tax as applied to cor- can find a period of economic distress. that broke your heart in so many ways, porations. We have a whole body of economic most of which we have responded to Why is that so important? First, we thought, financial analysis, study, by and most of the correction for which is should understand that the alternative

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.053 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8169 minimum tax says to a corporation, if fast. That means that if you are going the President of the United States, you are having a bad year, sales are off, to invest in these new wonders of pro- they know better than the House of revenues are down, you don’t have ductivity that make it possible for us Representatives, they know better earnings but indeed have losses and to work smarter instead of harder and than John F. Kennedy, they know bet- would thereby under the normal Tax get more output per unit of input and ter, even indeed, than Mike Berg, bless Code of this land be exempt of any tax keep more people working at higher his heart. They said no, we do not want liability, we are going to bring in a spe- wages, you have to be able to write to cut people’s taxes. We do not want cial punitive tax so that we can extract some of that off early so that you have to do anything for people who are revenue from you even though you the time to recover them. And so we greedy, because people who want to have no earnings from which to pay put that in, 30 percent tax write-off in keep their own money that they earn those revenues. the first year, as an incentive for peo- are greedy, especially if they are peo- This is an insane tax. This is a kick- ple to invest in the wonders of Amer- ple that also saved for a large part of them-while-they-are-down tax. This is ican genius as invented and innovated their life, bought stocks and made in- a tax that says take away whatever in the world of work. vestments so they could be part owners they might have to perhaps get back Then we took a lesson that was in corporations. They are greedy. The on their feet as a business fallen on taught to us, I thought, at least taught other body, of course, being a righteous hard times and give it over to the gov- to me as a young economics student place, has no time for such folks as ernment. Take away what you might back in 1962 and 1963 by President John that. have to put some of your employees F. Kennedy, who is not one of our guys, So, what did they do instead? They back to work and give it over to the he is one of their guys, speaking in par- say let us put a bill together where in- government. And he is so right. We tisan terms for just that very slight stead of letting people keep their own must get rid of that. And in doing so, moment, Mr. Speaker, who said if you money and take care of their own busi- we have been advised by virtually ev- cut the tax rate that applies to people ness for themselves, we will keep their eryone, rebate to these firms those li- out there working, they have a desire money and spend it on those people abilities they have already existing to work harder. That is not a new no- that we perceive to be needy, not under this insane tax so that they in tion. That notion was first taught to greedy. fact can recoup among themselves me in 1958 by Mike Berg, the chairman This little old graph we have here from the revenues they have acquired on the construction crew on which I with all these cute icons here, which through their own sales because of the worked when he said, ‘‘We’re not going were generated, by the way, by Win- productive effort of their employees to work overtime because the tax rate dows, shows you some of the people who had the good fortune of having a on my overtime is so high it’s not that they felt needed these special gov- job in the good times so that they may worth my while to do it.’’ ernment programs. Apple producers, have the revenues with which to actu- apricot producers, asparagus producers, b 1530 producers of bell peppers. You have a ally make the investments that would It was worth my while to work over- special provision for business on meat. put people back to work. time, because I was not making as I do not know how PETA feels about This is being maligned in the dis- much money as Mike and the marginal course over tax policy in America that, but they are taking care of kill- rate was lower on me and I got to keep ing the Buffalo. Blueberries, cabbage, today by the uninitiated and economi- more on what I got to earn. But the cally naive as some kind of a tax break cantaloupe, cauliflower, cherries, corn, lesson was very clear, ingrained in my cucumbers, egg plants, flowers. Invest- for big corporations. Well, corporations 18-year-old mind by the foreman of a do not pay taxes; people pay taxes. And ment bankers, they have a bucket in construction crew that did not even there that says a special program for the people that pay those taxes are the have the benefit of a high school de- the unemployed should now be made people who own the corporations. And gree, that if in fact you tax people available for investment bankers, bless the people who own the corporations more for an extra hour’s work, they are their heart. Movie makers, onions, po- are many times those same workers less willing to do that hour’s work. And tatoes, strawberries, tuna fish. Charlie that had enough good fortune to have nobody in Washington got it, except the tuna gets a spending program something called an IRA, a Keogh plan, John F. Kennedy, and all the professors under the other body’s bill. Tomatoes, a 401(k), some precious little area of in America applauded him for teaching peas and pears. savings where they had a chance to it to them. I want to do a little bit of funda- hold something of value in their lives So the lesson has been around a long mental calculation here and say that and the owners of the corporation. time. So we did accelerate the reduc- blueberries, cabbage, cantaloupe and And so those people that work hard, tion in the marginal tax rate that ap- cauliflower do not add up to growth in save their money, put it in whatever plies to individuals, so Mike Berg jobs. They add up to special govern- instrument they think is safe for their would work overtime, bless his heart, ment spending programs to take that retirement years, get this special puni- and the rest of us on the crew could do money that is earned by people who are tive tax and have that money taken the same. That would be good, because making a living and give it over to away. We in the House understood the we would work harder, we would work other people. It will not stimulate the good common sense of leaving re- longer, we would earn more, we would economy. sources in the hands of investors and spend more, and, as we spent more, They say well, spending will stimu- avoiding the practice in current law of somebody else would have a new job be- late the economy. Let me remind you, kicking people while they are down and cause they had to replace an inventory, we have already appropriated since the we put a repeal of the AMT in our bill. and that is called economic growth. 11th of September $100 billion of new Another piece of advice we got from Now, these are some of the ideas that government spending. That spending is so many quarters was, let people ex- are just plain common sense, watching for anti-terrorism and a lot of things, pense some portion of their new inven- the world in which you live each and and it is important. tory for some period of time. Why is every day of your life work the way What we need to do is one simple that important? We are living in a high you work in it, and having enough thing: Do we have the decency to re- tech society. The driving engine indeed sense seeing what is going on around spect the productive economic work not only of the American economy but you, that are being disparaged by some genius of the American people and say of the world economy is all of this of the people in this debate. to the American people, let us leave in modern computerized electronics. And The House passed a good growth tax your hands more of the money that you it is exciting. There is a discovery, an bill. It will put people back to work. In earned, so that you can rebuild your invention a day. I always say every fact, the analysis tells us it will put as economy that supports us in Wash- time there is another college dropout, many as 170,000 Americans back to ington so well? That is the only decent there is a new electronic wonder com- work in its first year alone. That is not question that can be asked in this cir- ing before us. That means rapid obso- enough, but it is something. cumstance. lescence because the innovation, the Now, the other body, Mr. Speaker, Not only is it a matter of decency, it creation, the invention is going on so has decided that they know better than is a matter of what will work. What

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.055 pfrm04 PsN: H14PT1 H8170 CONGRESSIONAL RECORD — HOUSE November 14, 2001 will work. Do we want to put people I think the House bill is a very bal- A further huge simplification of the back to work in America, or do we anced bill. I think it is a responsible Tax Code takes place through the re- want to give people a greater oppor- bill. It is a bill that is balanced be- duction in the capital gains tax, elimi- tunity to be more dependent upon the tween assistance for people who are out nating that 5 year holding period that Federal Government? That is what this there earning in the job market and has complicated the Tax Code down to debate is about, and we should make no business tax cuts that will generate a holding period of 1 year. It allows al- mistake about it. economic growth, and do that through most everybody to be able to pay cap- I have got to tell you, Mr. Speaker, I creating new jobs or keeping jobs that ital gains at the rate of 18 percent. It is love America. I even, on most occa- are currently in the economy and are 2 percent, but it is a lot of dollars if sions, like our government. But my currently threatened by our lagging you are thinking about selling your momma did not raise me to be depend- economy. house. I think it will unlock assets ent upon the Federal Government. She The business tax cuts have been de- that might have been held before to raised me to get a job, go to work, pay monized, as the gentleman from Texas wait for a lower capital gains. This bill my taxes, take care of my family, save said, by the opposition. They have been includes that. some of my money to help build a busi- called giveaways to wealthy corpora- The House bill also addresses the ness that enables somebody else to go tions. In reality, the expensing and de- needs of unemployed workers. In my to work, so by their productive efforts preciation provisions actually give part of the Nation, this is terribly im- sometime in the future I can enjoy my companies a greater incentive to in- portant. We are losing up to 30,000 jobs retirement from the savings I have. vest, and we believe that private in- at the Boeing Corporation alone. An- That is who we are in this country. We vestment is the linchpin for economic other 900 at the Nordstrom Corpora- are not a nation of people who believes growth. That is why we have focused tion. We know that these people want our time and attention on this and de- they are supported by the government. to work, and we know that their most veloped a plan that produces some We are a nation of people who know pressing needs are in the short-term. very, very serious incentives for invest- that it is by our sacrifice that we sup- So our bill, very much unlike the Sen- ment. ate bill, does not create another health port the government. The corporate AMT repeal has drawn One of the areas in which we could do care entitlement program, but it di- a whole lot of criticism from our oppo- rects dollars in the form of block that, and should have done so even in nents. It actually rids our Tax Code of the House and will do so in a more grants to the governors of the states a very unnecessary-now layer of tax- all over the Nation, and eventually to complete way someplace in the future, ation that ties up needed cash. In 1987, is to put a permanent end to this awful the workers themselves, the flexibility roughly 15,000 companies paid the to face their specific needs. So they can injustice called the death tax. We have AMT, or the Alternative Minimum with us today, Mr. Speaker, a cham- cover those health care premiums and Tax. Fifteen years later, 30,000 compa- they can cover the retraining that is pion of justice in this regard, the gen- nies are caught up in this very com- tlewoman from Washington (Ms. necessary if somebody has lost a job. plicated tax regime. Washington State, wracked by recent DUNN), who believes that if you work The exemptions which earlier pro- hard all your life and you build some- layoffs, will receive about $256 million vided an incentive for corporations not out of this grant that will aid unem- thing of value to your life’s work and to pay taxes to avoid paying regular in- ployed workers through retraining pro- you come to the end of your days, you come taxes now are gone, and there is grams and health care coverage. ought to be able to leave that to your no reason to keep this AMT, because it In comparison, the Senate bill is a children instead of the government. just forces a company to calculate road map to bigger government. The Bless her heart. taxes in two different ways. It takes Senate bill is a road map to greater Furthermore, in the practical side of their time, it takes their money, it spending. We have already spent since things, she understands that if you are takes their manpower that they should September 11 $100 billion to increase free to leave the fruit of your life’s be focusing on other things that will spending and to give help to New York labor to your children, rather than the make their companies successful. That City and to other parts of our Nation. government, you are going to work is why the nonpartisan Joint Com- We know that is very important. The harder, produce a little more, build a mittee on Taxation has identified the Senate bill is more spending, and we do bigger business and create greater job repeal of the corporate AMT as a way not need additional spending. opportunities for a lot of people. She is to make the Tax Code more equitable What will providing tax exempt the champion of this. and more efficient and, of course, sim- bonds for Amtrak do to benefit our I see we have the gentlewoman from pler. economy in the short-term, which is Washington (Ms. DUNN) here. If the Worst of all, as the economy con- the goal of this stimulus package? gentlewoman would like to contribute tinues to slow down, companies will be What about the host of emergency ag- to this discourse, we would certainly caught up in this very complicated cal- ricultural subsidies? The narrow tax like to hear from her on this. culation, and that is the last thing that benefits that are aimed at bison ranch- I yield to the gentlewoman from we should be doing today, especially ers and citrus growers, they are not Washington. for small businesses and especially dur- what the President had in mind when Ms. DUNN. Mr. Speaker, I thank the ing a potential recession period. We he outlined his approach to the stim- Majority Leader very much. I want to should not be punishing our companies ulus. thank the Majority Leader, the gen- with complicated, expensive, unneces- The Senate bill’s greatest failure is it tleman from Texas (Mr. ARMEY), for or- sary paperwork. really does, when you get down to the ganizing this public explanation of the The House bill also directs personal bottom line, leave out the average tax- stimulus package. I think it is terribly tax relief to hard-working, middle- payer. There is not one single Amer- important that we get the message out class Americans. We have reduced the ican income tax payer that will receive to people all over the country that 28 percent tax rate to 25 percent imme- a benefit from the Senate bill. That is there is a difference, and it should not diately, immediately, and that means terribly important. It is just the con- be surprising that there is a difference that a family with $55,000 in earnings trary of what we try to do in our imme- in the way this body and the Repub- could save several hundred dollars in diate stimulus by putting dollars back licans versus the Senate and their taxes every year from now on. This is into the pockets of the folks who Democrats approach stimulating the money that can be used to pay for earned these dollars. economy. clothes or buy braces for children or Compare this to the House bill. For If you look at it very carefully and make a car payment or buy a new example, simply from that reduction in you review the approach, as the gen- washer or dryer or buy children’s ten- the 28 percent tax rate to 25 percent, 25 tleman from Texas has done, it is very nis shoes to prepare for school in the million Americans will be immediately clear the debate we are having today is fall. In my own home State of Wash- benefited by a decrease in their with- a debate about private sector growth ington, 660,000 taxpayers will benefit holding taxes. versus growth in government spending. from this reduction in the marginal By any objective measure, Mr. That is what this really is about. rate from 28 percent to 25 percent. Speaker, the House bill will stimulate

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.057 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8171 growth in the private sector. I do hope for providing for family, paying bills cles; they were saying, if we did this that the Senate will realize that the on time, and it certainly does not take provision we would hurt Detroit. They best way to increase consumer spend- an economic genius to realize people are not here on the aisle or talking or ing is to put more money in the pock- are hurting now and the economy is conversing with us or trying to pass ets of working Americans, not into new suffering. It was suffering before Sep- this bill that may help the workers at government programs. tember 11, it became more dramatic Ford, not the corporate chieftains at b 1545 after September 11. Ford but the workers. I do not understand about the other So I commend this bill and I thank I hope that we can bring to con- side of the aisle’s argument, and I the majority leader for giving us the ference two strong bills so that the re- think it largely was the reason that a chance to verbalize and to suggest to sult will stimulate this lagging econ- certain gentleman from Tennessee the other side, rather than focusing omy and stimulate it immediately to failed to make it to the White House, is your ill intentions on one specific pro- help all Americans help us get back on that they actually punish people under vision of the bill, read the bill. Read our feet. their approach for success. the benefits. Look at the constituents Mr. ARMEY. Mr. Speaker, I think Now, follow me, if you will. The who will benefit. one of the points that the gentlewoman other side of the aisle spends a lot of I draw that one more suggestion, from Washington made that we ought time on education. We need good edu- that if you look at work opportunity to really focus on is that in the House- cation. We need to give more money for tax credits, welfare to work tax cred- passed bill, we accelerate to this mo- education. And then when you are edu- its, these do not seem like unusual pro- ment a reduction in taxes from 28 to 25 cated and successful, they then turn posals. These seem like hard-hitting percent for those hard-working, mid- the argument around and say, but ex- proposals that help average Americans dle-income Americans who pay those cuse me, we are going to raise your who are struggling today. This bill ac- taxes. And in that bill passed by the taxes. We are going to take more complishes it. other body, there is not one penny’s money from you. We are going to crimp Mr. Speaker, I commend the gen- worth of tax reduction to anyone who your lifestyle by taking money out of tleman for bringing us together, and I pays income taxes in America. Quite your wallet and transferring it to some look forward to other debates from frankly, that misses the mark of fair- program that we deem important, we, Members of Congress. ness and it misses the mark of inspira- the potentate, the Federal Govern- Mr. ARMEY. Mr. Speaker, I thank tion or encouragement to more work. I ment, telling you how to use your the gentleman from Florida for his re- thank the gentlewoman. money, you all do not get a say in it. marks. Let me make an observation We also have with us today another We just take it from you and deploy it. based on his concluding remarks. These member of the committee; the Com- Now, when they are criticizing the are not unusual, strange, or new pro- mittee on Ways and Means is obviously bill, I do not hear them speaking of im- posals. These are exactly the proposals very proud of their work because we portant issues that were important to that were applauded across this land in have them well represented here. Mr. the gentleman from New York (Mr. 1962 when first proposed by then Presi- dent John F. Kennedy. They worked in Speaker, I yield to the gentleman from RANGEL) like the work opportunity tax Florida (Mr. FOLEY), one of the really credit, the welfare to work tax credit. 1962. The only thing that was different effective people on that committee Hardly sounds like tax cuts for the is by 1962, we had never enacted any- that has worked so hard on this tax rich. We work on domestic energy thing in our Tax Code that was as bill, and I believe the gentleman from sources, including wind production, inane as the alternative minimum tax. So if we want to look at it this way, we Florida too is very pleased with what biomass, things that will stimulate and can say this is trying to get us where we have done and what might come of remove our dependency on foreign oil. Kennedy got us to in 1962, and I have to the House bill for job opportunities in They do not talk about that. They do say, looking at some of the leaders in America. not talk about qualified zone academy the other body, I do not understand Mr. FOLEY. Mr. Speaker, let me bonds. They did not talk about a num- what their beef was that they were ap- thank the majority leader for his com- ber of the things that are in this bill ments and for his bringing us together plauding in 1962. that provide real stimulus. We now have, Mr. Speaker, one of my to discuss this important bill on the We talk about capital gains. Yes, favorite Texans, the gentleman from floor. I asked the gentleman’s staff capital gains to some sound like a Texas (Mr. SESSIONS), my neighbor, a whether I would get 3 credit hours for buzzword for rich people. Forty-eight distinguished member of the Com- the wind-up there, because I think it is percent of the American public is now mittee on Rules, a hard-working, sav- important. I want to let everyone know investing in equities. Maybe something ing sort of fellow who understands I did not graduate from college. I start- as simple as buying your first share of what it is like to meet a payroll from ed a little family business when I was stock or maybe adding to your port- the working end. I appreciate the op- 20 years old. I was in my second year of folio to secure a more meaningful re- portunity to yield some time to the community college. I started a small tirement. But by allowing you under gentleman from Texas (Mr. SESSIONS). restaurant and then pursued my entre- your bill to keep more of your money Mr. SESSIONS. Mr. Speaker, I appre- preneurial dreams of having my own and manage your resources more wise- ciate the gentleman yielding, my business. ly, we create the economic stimulus for friend, the majority leader, who just a It is interesting when this bill is the economy to weather this rather dif- matter of a few years ago was Pro- being described, and obviously, some ficult period. fessor or Dr. DICK ARMEY, the Professor on the other side of the aisle, some in Now, we can bay at the moon and we of Economics at North Texas Univer- the other Chamber, zero in on one or can single out corporations; in fact, let sity in Denton. two issues and they try and create this me raise this other point that I think Mr. Speaker, what we are talking impression that the bill that is passed is important, because there was some about here is a stimulation package, a by the House Committee on Ways and conversation about tax benefits to cor- stimulus package that would give the Means and then adopted by the floor is porations, and I think the gentleman American people back more of their exclusively about one simple provision. from Texas (Mr. ARMEY) raised the hard-earned money, and what has been If we can obfuscate the truth and cre- point very brilliantly. But where are talked about here today is the Demo- ate dust or clutter or create an ele- the people from Detroit, the Members crat plan versus the Republican plan. ment of doubt in the mind of the tax- of Congress? Because the people that The plan that our colleagues on the payer or the person reading the news- are apparently benefiting under this other side of the aisle have presented is paper, then maybe we have been suc- bill, those corporations that employ a one whereby this government would cessful in distorting the fine product large number of workers in America, spend more money on pork. The gen- that is before us today. Ford and GM and some of the names tleman had the pork that was on the I do not think one needs a degree they mentioned in hysteria, they were board. from college to understand what it is here defending them in other debates Our plan, as Republicans, is really like in the real world earning money, on energy consumption, on SUV vehi- quite simple. What we want to do is we

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.059 pfrm04 PsN: H14PT1 H8172 CONGRESSIONAL RECORD — HOUSE November 14, 2001 want to, instead of having the govern- who get up and go to work every day. puzzled in terms of the fine-tuning of ment spend money to stimulate the We are going to change those in the 28 this other body’s package, is if we give economy, we would like to give people percent tax bracket today to effective a subsidy for buffalo meat, do we only back, taxpayers, their hard-earned immediately this tax year, to the 25 give, then, half a subsidy for beefalo money. percent tax bracket. One might say, meat? Today I would like to spend just a boy, you are helping out some middle These are the kinds of details that few minutes to show the differences in class people, yes, but how much have to be worked out when we are try- a comparison of what the two bills do money? $53.6 billion over 10 years. That ing to spread the pork around. We have when we talk about giving more take- is what Republicans are trying to do. to make sure that we cover the buffalo home pay to the American public, the We are trying to take this package and and beefalo, and do so equitably. We people who get up and go to work every instead of having government spending have to work and help that. So I am single day, as I did when I was in the to stimulate the economy, we are try- very proud to have the gentleman from private sector for 16 years, and never ing to make sure that people who work Omaha here to help me wrestle with missed a day of work. I loved it. I love for a living have more take-home pay, these detailed questions that are left serving this body, and I try and give to where they can make decisions unanswered by the other body. the same vigor and vitality to this about how they want their money Mr. Speaker, I yield to the gentleman body, just like many hard-working peo- spent, how they can make decisions from Nebraska (Mr. TERRY). ple in their jobs give to their compa- about the things that are important to Mr. TERRY. Mr. Speaker, I do appre- nies so that they can take care of their them and their families and give them ciate that, I say to the majority leader families. back the power. and recovering professor of economics Our Economic Security and Recovery The fact of the matter is this: money from north Texas. The great majority Act is known as H.R. 3090. If we look at equals power. And if you have the leader teases me about my past as a H.R. 3090, it will increase by an average money, you have the power. In this in- lawyer. of $708 the disposable income of a fam- stance, one party wants the money in But not only are there such com- ily each year over the next 4 years as Washington so they have the power, plications as the beefalo, and whether compared to $176 by the competing and in the same circumstance, another or not those that raise the mixed plan offered by the Democrats. That is party, the Republican Party, wants to breeds of buffalo and cattle would be $708 more take-home pay on average give money back to people, because we entitled to a 50 percent subsidy, but for a family of 4 compared to $176. believe the middle class of this coun- considering that the Colorado Buffalos Secondly, a recent survey showed try, the people who work for the are the next team on our schedule and that 90 percent of consumers have de- money, deserve to get it back. standing in our way of a national layed making major purchases. They I applaud the gentleman from Texas, championship, I doubt there would be have quit buying things as a result of our majority leader (Mr. ARMEY), not any Nebraskans that would tolerate the economic circumstance that we only for being the catalyst of today’s congressional support of buffalos to have here. What we are going to do is presentation, but him embodying the any degree. put more dollars in people’s hands things which I believe in of what this Mr. ARMEY. I have no doubt that the where they can have not only the abil- economic stimulus package is about. Speaker would agree with the gen- ity to make this decision to buy more, tleman, Mr. Speaker. but that they can get it done quickly. b 1600 Mr. TERRY. Yes, Mr. Speaker. But We are not going to wait. We are going I am proud to call him my friend, and this is a very serious matter, even to give it to the American public now. I am very pleased to participate today. though we jest about such silly things The number of Americans claiming I want to thank the majority leader for in the Senate bill, and how their phi- unemployment insurance benefits rose the time. losophy is to focus on these individual to an 18-year high of almost 3.7 million, Mr. ARMEY. I thank the gentleman pork projects, as opposed to the stim- which is an increase over the previous from Texas. ulus package we have laid out for the year of $1.5 million. While the Demo- Mr. Speaker, I should point out that people of America. crats focus really solely on the unem- the tax provisions for individuals de- Shortly before we voted on this stim- ployment benefits, we as Republicans scribed by the gentleman from Texas, ulus package in the House, Mr. Speak- want to ensure that they get their jobs when found in the House bill, represent er, and shortly before our mail was back. This is about job creation and job some portion of or virtually 100 percent stopped by anthrax threats, I received growth. H.R. 3090, as has been pre- of the bill that goes to tax reduction a letter from a mother in Omaha. As dicted, would produce twice the num- incentives for growth through con- the father of three young boys, when I ber of jobs that the Senate proposal sumption and investment. get letters from young mothers, they would do. Also, we want to make sure The tax provisions he cited in the are particularly touching, but this one that we make it easier for investment, other body’s bill represent only 30 per- even more so, because she talked about people to invest in this country, which cent of the total package, and 70 per- how her husband, the breadwinner of will produce jobs. H.R. 3090 will in- cent of the total package go on spend- this family, the one who puts the food crease investment by $9.5 billion each ing programs, programs we are talking on the table for her children in their year as compared to just $1.2 billion about here. small household, had just been laid off. each year under the Senate plan. We are really blessed, Mr. Speaker, It was really a heart-wrenching story. But we sometimes have to dig deeper. to have somebody from the great State Frankly, Omaha is better off. Our un- We have to look at the facts of the of Nebraska here, most notably the employment rate has gone up signifi- case, and the facts of the case that gentleman from Omaha, Nebraska (Mr. cantly, but it is better than most com- produce this money back to people TERRY), because Omaha is one of the munities around the Nation. Yet, this comes from us offering a rebate to peo- great meat processing centers of this is still very real about people losing ple. The people who got the $300 checks great Nation. their jobs. At this point in time we this year represented a lot of Ameri- I am guessing that perhaps, Mr. read almost weekly reports of con- cans and they needed that money, but Speaker, the gentleman from Omaha sumer confidence being way off, manu- there were a lot of Americans that only can help us wrestle with one of the de- facturing and trade sales are weakest. got $150 rather than the $300. The Re- tailed questions in the other body’s We got some good news with the auto publican plan, the economic stimulus proposal. They have a special proposal industry because of some zero percent plan gives money back to the middle for buffalo meat, processing, growing, financing in attempts to sell new cars. class workers of this country, and that and slaughtering buffalo. I really believe that this is the time, is going to provide $13 billion over 10 There is also on the Great Plains of now is the time for us in Congress to years where people will get this money America a special hybrid animal called not be timid but to do what it takes to back. a beefalo, which is a crossbreed be- stimulate the economy, because we are Secondly, we are going to reduce the tween a cow and a buffalo. The ques- talking about people’s jobs. We must tax burden on people, on Americans tion we are asking, and where we are stand resolute, I say to the gentleman

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.061 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8173 from Texas (Mr. ARMEY), the majority creased investment creates, companies want to let the hour pass without mak- leader, and all of my colleagues here in can increase their capacities to ing the point that we should not be dis- Congress, and to focus our stimulus produce. That means more jobs. That appointed in our colleagues on the package on job creation and retention means more jobs. other side of the building. There are in of those jobs. It is called capital invest- It just baffles me how people cannot fact special provisions for, get this, ments. grasp that simple thing. I am not on processing chicken manure as a way to It is not trying to find a specific in- the Committee on Ways and Means or generate electricity, as their idea of dustry from one’s particular area that a tax professor or economic professor, how to resolve our current energy cri- we want to just help out, or because but that is just a simple premise of sis. They are comprehensive in their somebody we know raises buffalo. We business, as the gentleman from Flor- folly, and we should not leave anything have to think much broader and deeper ida (Mr. FOLEY) had pointed out. out, nor fail to comment. than that. I hear the arguments, and again it So not making an association be- One of the things that I am proud just bothers me, that we are giving to tween his favorite football team and about our stimulus package is that it the rich and we should be paying off chicken manure, I would love to yield creates 160,000 jobs over the next year, the debt, or that it could destabilize to the gentleman from Wisconsin (Mr. and as much as 220,000 jobs by 2004. So the stock market, which are really RYAN). at a time when we are receiving letters bogus arguments, when we think them Mr. RYAN of Wisconsin. Mr. Speaker, from mothers worried about the loss of through. I, on behalf of the Green Bay Packers, their bread, we are passing a stimulus First of all, that it could destabilize will not take offense at that. I thank package that can create and retain the market, we are transferring one the majority leader, and unfortunately, jobs. I am rather proud of that. The av- asset: There is a buyer, there is a sell- I can understand we cannot be perfect erage family of four could see an in- er. How that is destabilizing is beyond in yielding. crease in their take-home pay, what me when it is just a simple transfer of I think there is an interesting com- they use to put that bread and butter assets. Yet, when we think about a ment that was in an editorial recently on the table, of about $940. change of ownership in capital, what quoting an old Forest Gump line. That As the gentleman has said and as the occurs? A taxable event. The gentle- comment is, ‘‘Stimulus is as stimulus gentleman from Texas (Mr. SESSIONS) woman from Washington pointed this does. It is not a stimulus package if it has said, the rapid reduction of the 28 out, and it is just an important thing does not stimulate the economy.’’ percent income tax rate to 25 percent, that we need to not lose sight of. We can take a look at the two dif- and making that so it is good now, that There are a lot of businesses, there ferent approaches that are being taken reduction now, that is huge for those are a lot of individuals, that are hold- right now, because we now see what the individual filers. That is money in ing onto their assets right now, Mr. Senate has to offer. I am pleased that their pockets. That is real. Majority leader, because they do not they have an alternative in place. That I want to talk particularly, in the want to sell because of the punitive is important. For this place to work, few minutes left that I have here, current nature of our capital gains tax. we have to get ideas on the table, we about two tax matters in particular They expect and want a capital gains have to push legislation, and then we that I think are important to stimu- reduction, and they are waiting for have to get them through and onto the lating the economy and reversing the Congress to act. President’s desk. economic trend. There will be a swirl of activity when But we have two different ideas here. The first is to encourage increased we reduce that. But until we reduce it In the Senate, we have an idea. It is an productivity through the release of as- and create that swirl, they are going to old idea, an idea that has been around sets by reducing capital gains taxes. I continue to hold on. What we need to a long, long time ago. Some call it really strongly believe that this should tell people, and somehow inform the Keynesian economics. I think we have be a key pillar component of our stim- press, is that when there is that swirl a lot of new converts to that school of ulus package, and it is not. As I under- of activity, we have a taxable event thought. stand, that has been stripped out of the and actually increase the dollars that Their idea is to spend more money: Senate version. can come out. It is a win-win situation, spending, spending to try and get our Now, hopefully there can be enough and the people that hold those assets economy back on its feet. But I would economists in this world who can stim- win because their assets are worth argue, Mr. Majority leader and Mr. ulate them to put it back in, but it is more because we are not taking more Speaker, that spending more money is just absurd to me that that has been of their money, but yet it creates the not going to fix our economy. If we stripped out. event. thought that spending more money on Capital gains tax relief, as the gen- Would the gentleman expand on that, top of the two plus trillion budget tleman mentioned in his speech, en- as an economics professor? today would get us out of recession, it courages the investment that will, I be- Mr. ARMEY. I want to thank the would have already worked, because lieve, revitalize American businesses. gentleman, Mr. Speaker. Actually, the right now we are spending more than According to the congressional Joint great insight was given on this by a fa- we ever have in the history of the Fed- Economic Committee, and I want to mous economist named Frederic eral Government. We are spending read this so I get it straight for the Bastiat 200 years ago when he made the more in the Federal Government than RECORD here, and the Joint Economic point that the poor man makes his liv- the rate of inflation, about two to Committee is bipartisan, nonbipar- ing off the rich man’s assets, particu- three times the rate of inflation. We tisan, it says, ‘‘A capital gains tax re- larly his capital assets. have already spent over $100 billion in duction would help promote economic The gentleman from Nebraska (Mr. emergency spending since the begin- growth, benefit taxpayers across the TERRY) I think at this point perhaps ning of the year, and in the wake of income spectrum, and mitigate the un- might want to agree with me that we this terrorist tragedy. fair effects of taxing inflation-gen- should bring in the distinguished gen- So spending more money here in erated gains.’’ tleman from Wisconsin (Mr. RYAN), Washington, artificially keeping taxes Savings and investment drive the who is looking at my board of icons high, is not the answer. But when we companies that drive the job market. here and seeing nothing for cheese, and look at the recessions of the past, when American business will use the injec- is being somewhat disgruntled with the we take a look at all of the jobs that tion of additional investment capital other body for leaving cheese off. have been lost, we look at what has from a reduction in capital gains to If I may say very quickly before I worked and what has not worked, that create business opportunities, to yield to the gentleman from Wisconsin, is what we did in the House side. streamline their businesses and become as I said, these icons were all generated When we look at the past when we more effective and powerful, to con- by Windows 98, one of the great soft- cut taxes on capital, when we made it tinue the research and development ef- wares in America. easier to invest in America and invest forts, and, again, to improve produc- We could not find an icon to rep- in jobs, when we lowered the tax on tivity. With the expansion that in- resent chicken manure, but I did not risk, the tax on capital, guess what: We

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.063 pfrm04 PsN: H14PT1 H8174 CONGRESSIONAL RECORD — HOUSE November 14, 2001 had more investment and we had more more money. Consumers are not going As the chart clearly shows compared jobs. to spend more money if they do not to the number of incidents reported in There are not a lot of things that have jobs, if they are losing more jobs. the first 8 months of 2001, hate crimes Congress really can do to grow the So I think what we have to be in the against Muslim and Arab Americans economy. We have the Federal Reserve House is really admirable. We need to have increased dramatically since Sep- and monetary policy, we have the Con- build on this; and we have to learn the tember 11. Nationwide reports indicate gress and fiscal policy. There is one lessons of the past, and, that is, simply a 162 percent increase in the number of thing that we can get wrong and there spending more money in Washington is new hate crimes. As of August, 2001, is one thing that we can get right. not going to get people back to work. there were 366 incidents reported The thing that we can get wrong is But making it easier for Americans, for across our country. that we can spend, spend, spend and small, medium and large businesses to But in the wake of September 11, this raise that baseline of spending, and dig invest in their people, in their compa- number has risen to 959 reported ac- ourselves deeper into debt for the fu- nies, making it easier to create jobs, counts of assault, intimidation, racial ture, so that we send our children and that is what we can do. And we can profiling, deaths, and public harass- their grandchildren an even larger bill help here in Congress to make it easier ment. This dramatic increase is found in the form of greater debt. to create jobs. That is what we are try- in several States in particular, includ- But the one thing that we can get ing to do. ing New York, Pennsylvania, Ken- right in fiscal policy here in Congress Mr. Speaker, I thank the majority tucky, and Massachusetts. is that we can look at who creates jobs leader. Sadly, in the case of my home State in this country, how jobs are created, Mr. ARMEY. Mr. Speaker, if I could of California, hate crimes have risen by and what can we do to make it easier make a couple of concluding observa- 225 percent. This underlines the seri- to create jobs. When we look at that, tions. First of all, I want to thank ev- ousness of a new wave of hate crimes, we see that there are a lot of taxes that erybody participating. especially when California is the most Mr. Speaker, the difference between are levied on capital, a lot of taxes that diverse State in our Union and cer- the two propositions that are advanced are levied on investment. tainly a State that thrives because of in the House, already passed the House When we look at this recession, like our diverse population. and that which they are working in the other recessions it started with a big Many of my colleagues know the pop- Senate, in the other body they are say- drop in investment, a 72 percent de- ular saying, ‘‘As goes California, goes ing, let us show you what we can do for cline in venture capital. Venture cap- the Nation.’’ Well, we want that to be our friends with your money. What the true in most cases; but in the case of ital a year ago was about $35 billion. House said was, let us see what you can hate crimes, we must face the fact and Today it is $8 billion. That is the seed do for yourselves if you keep your realize that California’s 225 percent in- corn that starts every small business. money. When we see the small businesses I think we have addressed America in crease could become common place dying on the vine all over the place, the appropriate way. And finally it is across the Nation if we do not act now small businesses closing their doors, said, Mr. Speaker, that a recession is to stem the tide. Mr. Speaker, that is why the commu- huge layoffs at our largest employers when your neighbor is out of a job. A nities that I represent and the commu- across the country, we see a huge de- depression is when you are out of a job. nities across the Nation, including cline in investment in those compa- Well, everyone in this legislative body nies, in those businesses. on both sides of the building have Marin and Sonoma Counties, just north The one thing that we can control is neighbors out of jobs. We are the only of the Golden Gate Bridge, the counties we can make investment cheaper, we ones of their neighbors that they can that I work for, are actually horrified can make risk-taking less risky, by re- say, if you do your job right, I am get by these acts of hate, these acts of fear, ducing the price on those investments, my job back. They have a right to ex- ignorance, and bigotry. In particular, the price on risk. That means reducing pect that of us. And we have an obliga- our constituents are outraged that the tax on those things by making it tion to understand, if we do our job countless stories of harassment and easier through the Tax Code, by low- wrong and they do not get their job shootings and bias are being directed ering the bias against saving, the bias back, we will have a depression. at our children. We have read about the hate crimes against investment, by making it easi- f er for businesses to reinvest in their being committed, the threat to a tur- corporations, by making it easier for HATE CRIMES IN AMERICA ban-wearing Sikh in Connecticut, the the market to take risks, to take cap- The SPEAKER pro tempore (Mr. attack of a woman on a Maryland col- ital risks, to invest in new ideas. FORBES). Under the Speaker’s an- lege campus, rocks thrown through the That way we can create jobs. Every nounced policy of January 3, 2001, the open bedroom window in Roanoke, Vir- time we have cut the capital gains tax, gentlewoman from California (Ms. ginia. But then we learn that the vic- every time we have accelerated depre- WOOLSEY) is recognized for 60 minutes tim in Connecticut was a second grad- ciation, every time we have cut mar- as the designee of the minority leader. er, the woman was a teenager attacked ginal income tax rates across-the-board Ms. WOOLSEY. Mr. Speaker, I rise by fellow young adults, and the child in this last century, every time we with my colleagues today to address who was barely missed from being hit have done that we have created more hate crimes, an important issue that is by a rock was only 2 years old. The jobs. We have improved the growth of being ignored by this Congress. tragedy, the unacceptable nature of the economy. First, I would like to thank my hate crimes becomes all the more clear Democratic colleagues for joining me when we learn of these stories. b 1615 today to talk about the importance of It is unacceptable that throughout And we duly increased revenue com- tolerance and why we must disavow our country Muslim or Muslim-appear- ing into the Federal Government in hateful acts, acts that are being com- ing children are fearful of attacks on those sources. So we see that there is a mitted across this Nation in the wake their own streets, in their homes, and big difference here. On the one side we of September 11. Their participation at their schools in the wake of Sep- are focused on one thing and one thing shows the commitment we as a Con- tember 11. As a result, some Muslim only, jobs; getting people back to work, gress must make to protect our chil- private schools have canceled classes; making sure that they are working. dren and our families and all Ameri- parents are being asked to help patrol On the other body’s side, they want cans from hate. school yards; and according to the to spend more money here in Wash- Mr. Speaker, I do not have to tell you American Arab Anti-Discrimination ington, and that is the difference. And that hate crimes are not new. The Committee, parents are keeping their the problem with that kind of thinking problem today is they are not just iso- children home from both public and is, the problem with the idea that we lated incidents. Instead, they represent private schools. need to have more rebates and more an alarming nationwide trend. This In fact, law enforcement officials and spending is that we are going to get trend is shown on the chart to my leaders in Arab American and Muslim consumers to all of the sudden spend right. communities are preparing for more

VerDate 06-NOV-2001 01:38 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.065 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8175 trouble because children are still being ior; and it is the kind of ignorance tional ceremonial turban and beard of attacked by fellow classmates and which needs to be addressed at its core. Sikh men. At the time I spoke with my schools are being vandalized. I am going to try to make sure that colleague I had no understanding what- Last week, two Malaysian students I do not mention the name of the insti- soever that terrorists had attacked the at Indiana University were assaulted, tution because I tell you that the place World Trade Center. When I laughed and an Afghan student in New York where this occurred is well known to with my friend, I was teasing him and was attacked by a fellow student; and most Americans. It is a wonderful in- sharing a joke I had heard earlier that only last month a threatening note stitution. When I get done, I hope you morning. Obviously, as a dark-skinned, found at a Palmdale, California, high will agree with me, that they have bearded man in a turban speaking in a school forced five Muslim American made a serious mistake or may well strange tongue and laughing on the students home for their own safety. have made a serious mistake; and I very morning of the terrorist attacks I I ask my colleagues, is this what we think it is important that they have was prejudged by my accusers. want to teach our children? I know the the room and the latitude in which to b 1630 answer is a resounding no; but the fact reconsider that mistake. remains that children and their fami- The story is basically this: it begins I did not know at the time that ter- lies are suffering as a result of igno- shortly before nine o’clock on the rorists had attacked the targets in New rance, fear, and hate. morning of September 11. Dr. Taranjit York and Washington and my accusers did not know me.’’ Mr. Speaker, it is unacceptable; and Sangari, a physician, was coming off of The tragic fact is that over the it is exactly why this Congress must his work in the ICU, and was talking course of the next month, in an at- send a very strong message that hate with a colleague of his in their native tempt to relay the experience that he crimes will not be tolerated. That is Punjabi. His English is perfectly usa- had been through, he found himself a why we must strengthen our existing ble, but they were sharing a joke; and month later in front of a panel where laws to protect families and children as they walked past a group of people he was afforded very little opportunity against all hate crimes. who were unknown to them and who to defend himself. The meeting was Fortunately, we have a bipartisan did not know either physician, were held without third party observers or bill. It is legislation in this House that speaking animatedly and laughing. disinterested coworkers. Dr. Sangari has 199 cosponsors, and this legislation Ms. WOOLSEY. Would the gentleman was unable to identify or confront his will help combat these hateful crimes. yield just a minute? accusers or to bring witnesses. He was The gentleman from Michigan’s (Mr. Mr. SAWYER. Surely. not permitted to read witness state- CONYERS) bill, H.R. 1343, Local Law En- Ms. WOOLSEY. That was before Sep- ments. He was not permitted to have forcement Hate Crimes Prevention Act, tember 11? counsel. And, in fact, he has lost his will add teeth to the existing laws by Mr. SAWYER. This was on the morn- residency at this extraordinary institu- making it easier for Federal law en- ing of September 11, just before 9 tion without anything that most of us forcement to investigate and prosecute o’clock. As we all know, the events here, regardless of our views of any of crimes motivated by race, color, reli- were unfolding at this very moment. Ms. WOOLSEY. Right. this, would regard as due process. gion and national origin, as well as I tell this story because on the one Mr. SAWYER. In as much as the doc- adding gender, sexual orientation and hand I very much hope that this insti- tor had been in the intensive care unit, disability. tution will reconsider the way in which he had had no access to a television. He Yet even with an overwhelming num- it reached its conclusion, but even saw people gathered around a tele- ber of bipartisan cosponsors, I told my more importantly, I think it is criti- vision, had no idea what was going on; colleagues this bill has 199 bipartisan cally important for those of us who and the truth of the matter is that cosponsors, this legislation has been gather here and those who listen to later on in the day, he was accused of cast aside by the Republican leader- these words to understand that this is inappropriate behavior in an area occu- ship, and that is just plain wrong. If as fundamental a violation of the prin- pied by patients. there is ever a time that we needed to ciples for which we struggle and which He was accused of celebrating what be passing hate crime legislation, that were attacked on that day. It is every was being revealed on the television at time is now. bit as much a travesty, although on a That is why I am here today, Mr. that point, laughing about it, ges- far smaller scale, as the tragedy that Speaker, to encourage the Republican turing, when, in fact, in all probability, has taken place throughout this coun- leadership to address this important since they were both speaking in try and throughout the world. Punjabi, no one could have told what issue, to urge them to bring the Con- My hope is that we will learn from they were saying, and he had no idea yers bill to the floor; and I have with this kind of experience; that we will and no opportunity to know what had me my colleague, the gentleman from recognize the obligation we all have to happened in the world. I quote from his Ohio (Mr. SAWYER), who is going to one another; that we will understand account as he spoke, in writing, to the talk to us about an incident in Ohio. I the enormously important role that Di- appeals committee of the institution at thank him for joining me. aspora communities from all over the which he works. Mr. SAWYER. Mr. Speaker, I am world can play in assuring the security He says: ‘‘I am a Sikh from India. I grateful to my always thoughtful col- that we all enjoy in this country; and have never been to the Middle East nor league, the gentlewoman from Cali- in recognizing that truly we are all in have I been to Pakistan. To accuse a fornia (Ms. WOOLSEY), for her work on this together and that a miscarriage of Sikh of sympathizing with any ter- this important issue. I join her in justice through total failure of process rorist reflects a complete misunder- thanks to the gentleman from Michi- is as much an attack on all of the rest standing and ignorance of the history gan (Mr. CONYERS) for his effort, his al- of us as it is on Dr. Sangari. ways civil, thoughtful, and insightful of the Sikhs. If anything, anyone who I thank the gentlewoman for the op- approach to issues of this kind. knows anything about Sikhs and their portunity to tell that story and hope it I am not here to make a speech so history should have expected that a speaks for itself. much as I am to tell a story, but I hope Sikh would have had a deeply rooted Ms. WOOLSEY. If the gentleman will that it is one of those stories that will antipathy for the culture that pro- yield a minute, I want to ask him a illustrate what brings both of us and duced the terrorists. I do not. I prac- question about this. others later on this afternoon to the tice tolerance and acceptance of all Mr. SAWYER. Certainly. floor on this subject. cultures and religions, including Mus- Ms. WOOLSEY. So the turban was I do not believe, I certainly do not lims. It is unfortunate that my accus- something the young resident wore want to believe, that it is a story of ha- ers do not subscribe to the same val- daily? tred, but it is a story I believe of igno- ues. Mr. SAWYER. He wears it daily. He rance; and it is the kind of ignorance ‘‘On September 11 I made the mis- wears a beard daily. which, unchecked, leads to hatred. It is take of wearing a turban and a beard to Ms. WOOLSEY. The beard, yes. The the kind of ignorance which, un- work and joking with a colleague while language. Had he, in the past, been checked, gives license to hateful behav- speaking Punjabi. I wear the tradi- speaking Punjabi?

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.067 pfrm04 PsN: H14PT1 H8176 CONGRESSIONAL RECORD — HOUSE November 14, 2001 Mr. SAWYER. He has, from time to many, many shops of people of Paki- it but we put in to the words of our time. His English, I have to tell say, is stani origin, from India, and in a cer- laws that we stand firmly against in- as usable as yours or mine. But he was tain section there is a lot of immi- tolerance. sharing a social moment, as I am told. grants from the former Soviet Union, I again want to express my apprecia- He was sharing a social moment with an orthodox Jewish community, and so tion for the opportunity to come down his friend. It was no more, no less than everybody works and lives in that here and just support the words of the that. neighborhood. About a thousand people gentlewoman from California and to Ms. WOOLSEY. I thank the gen- joined for a peaceful walk down the speak on behalf of my district and my tleman very much for sharing that street. There were no speeches. We just community. story. That is just an example of what joined arms and walked together, some Ms. WOOLSEY. Well, I thank the we are up against, and that was pretty chanting ‘‘Long Live USA,’’ with dif- gentlewoman from Illinois for coming far-reaching as far as dealing with ferent accents, different faces, and and for being such an outspoken col- something like that. there was certainly a solemnity about league for human rights and civil lib- Mr. SAWYER. This is a serious issue it because of the terrible incident, but erties and humanity in general. I think the gentlewoman brings before us there was a comfort and a joy about what the gentlewoman has done, and I today and I am grateful to her. that, too. compliment her on taking ahold of the Ms. WOOLSEY. That was a rock or a But when I talked to people on the issue immediately after September 11, bullet in a different form against that walk and subsequently, and every week she has prevented some hate crimes, I young man. I thank the gentleman. that I have gone back, I know that am certain of that. Now I would like to introduce an- there is a lot of fear and that it is And one of the ways we can know other colleague, the gentlewoman from grounded. And when I look at the chart that, if my colleagues will look at Vir- Illinois (Ms. SCHAKOWSKY), and I thank that is here, I am sorry to see that, ginia and Maryland on this chart, both her for joining us this afternoon. under hate crimes against Muslim and those States were addressing the issues Ms. SCHAKOWSKY. I want to thank Arab Americans by State, Illinois was before September 11. Hence, they do the gentlewoman from California for not doing so well before September 11, not have an increase in hate crimes in this opportunity. When I heard that but in the 2 months since that we cer- their communities. They were already she had dedicated an hour to making a tainly have had way too many. dealing with something they knew was special call for tolerance and to dis- So I was hearing from women who sensitive and must be addressed and avow hate crimes, I did not want to were reluctant to go out of the house they needed their communities work- pass up the opportunity. And based on with their heads covered, who were my district, I felt a special obligation ing together. talking about keeping their children So the gentlewoman made that dif- and desire to come down here and home from school, who were fearful ference, too, and I thank her. speak. I represent certainly the most di- about security around the mosque, who I am now honored to introduce my verse district in Illinois, and probably were changing their behavior as a re- colleague, the gentlewoman from one of the most diverse districts in the sult of threats that were made to them. North Carolina (Mrs. CLAYTON). I thank country. People view my district on Not all the comments were hate crimes her for joining us. Mrs. CLAYTON. I want to thank the the north side of Chicago, and some of in the sense of violence or attacks, but the near northern suburbs, as a kind of hurtful comments that were being gentlewoman from California for her gateway to the United States. Immi- made to them on the street or things continuous and tireless work on this grants from all over the globe make that were said to taxicab drivers, some legislation and so many other pieces of their home in Chicago, in my district, of them who decided actually not to legislation. This legislation to pass seeking to become citizens, to send drive for a while. I do not know if they hate crime legislation was a valuable their children to school, to create their are back to driving. piece of legislation prior to September livelihood, to fulfill the American So I guess the thing that should be of 11 and certainly it has been made more Dream that they brought with them concern to all of us is that what the essential now since we have had the in- from all parts of the world to live out September 11 attack has done is made cident of September 11. in our country and to seek the promise us reflect on what are the things that The gentlewoman from Illinois, I of freedom and tolerance and the abil- are most precious about the United think, said it correctly and very elo- ity to practice their religions. States, about the lives that we live as quently; that what we have come to as Generally, that has been true in the individuals and the values that we a Nation is to begin to value ourselves district. We all get along, we celebrate share. And I think none is more pre- as Americans, but in that process we together and work together. There is cious than the value of tolerance, of in- have come to value what it is to be an every religion being practiced there dividual freedom to be who you are in American and what we stand for. And and lots of good solid community feel- this country. The recognition that we what are those principles? Certainly ings. But I knew, as soon as we identi- are a Nation of immigrants, a people the principle of diversity, tolerance, fied those attacks on the Twin Towers coming from all over the world who freedom to worship, freedom to speak, as a terrorist attack, and as soon as it want to live here, and that we open our and that we do not associate misdeeds was identified as being wrought by ter- arms to those who want to share our or crimes with certain people who look rorists that were using the name of values and live them out in their lives, a certain way. We call that profiling. Islam in their attacks, that there was and that when we turn on one another, We must not profile people because we going to be fear in my district among then in a devastating way the terror- know they are related to a certain reli- the Muslim and Arab American com- ists have struck a blow and that we gion that may not be our own faith as munity in particular. Then I started have to guard against that with as Christians and because we think some- hearing about comments that were much fervor as we fight the terrorist one in that religion might have done being made to Sikhs. threat externally. As we search for something that is evil and that is unac- Again, I think it is important to just Osama bin Laden, we also have to ceptable and so then we brand every- note that that reflects a misunder- search for tolerance. We cannot turn one. standing of Sikhs to begin with. But one against another. Certainly hate crime legislation was nonetheless, I think anybody who was I think as leaders of this country, we to allow us to treat incidents of crime, dark skinned, darker skinned or dif- want to create that sense in our dis- assault, speech or violence against ferent, was feeling a sense of fear. So tricts, to make sure that we help in- someone because they were different what I decided to do, just to address fuse, to create the culture of tolerance for just what it was, that it was only that a little bit, was the Sunday after back home in our districts. So that because they were different and, there- the terrorist attack I invited people in when we check those numbers next fore, it was labeled appropriately as the district to take a walk down Devon month and next year, we see that they hate crime. Now, since this incident Avenue. have fallen. And, hopefully, with the has come about, we cannot imagine Now, people who know Chicago know passage of the Hate Crimes Prevention that we would not want to pass this that it is a commercial street that has Act as well that we not just talk about legislation.

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.069 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8177 Really, when I think about it, I am very cruel to each other, but young ly after the September 11 incident, astonished that we have not embraced people are also quick learners. They there was an Egyptian shopkeeper who this. Just as we embraced giving the know when it is unacceptable, and we owned a store in the city of San Ga- police more authority for tools to ar- ought to set the mark because they briel for the last 20 years. People would rest people because they had violated want to achieve the high mark. I thank come and have coffee at his shop. At the Criminal Code in terms of physical the gentlewoman for challenging us 3:00 in the afternoon on a Saturday, assault or for murder or for destruction and our colleagues. We just need a few two young men shot him point-blank. of property, we should also be aiding more. There is an extraordinary, large They did not take one dime from the law enforcement with tools to arrest list of bipartisan support; and I urge cash register. They thought he was a and for prosecution and administering the leadership to bring this up for a radical Muslim or something of that of the law and prevention in this realm vote. nature. Unfortunately, his family is of crime, because they are a combina- Ms. WOOLSEY. Mr. Speaker, I thank now grieving. tion. That is what terrorism has the ef- the gentlewoman. She has confirmed Ms. WOOLSEY. Mr. Speaker, I think fect of doing, is creating an environ- that the time is now. It is time to vote we can assume that it was a hate ment where we hate each other, and so for expanding the intelligence commu- crime. it brings terror to us and it alters our nity’s privileges and giving law en- Ms. SOLIS. Yes. Indeed, the FBI is thinking and our reasoning. forcement more tools as far as going looking at it. They have not declared I would think that we would want to after terrorists. I think the time is now that it is a hate crime, and I am urging enable and empower our law enforce- to show our young people that we do them to continue that investigation. ment with this very tool to say that, as not tolerate hate crimes, that we do Along with that, there were other in- we are getting those who indeed per- not paint everybody with the same cidents reported where young women petrated this heinous, unthinkable, brush. If one person has shown that attending a local community college in horrific crime against us, we also want they are evil, that does not mean ev- my district were assaulted because tools that would constrain and pros- erybody that looks like that person is they were wearing scarves over their ecute and convict individuals who are evil, and that there is no excuse for the heads. They literally had to have gen- tlemen of their own descent walk them perpetrating these crimes. United States Congress not to pass a hate crimes bill before we recess for to classrooms. They were doing noth- b 1645 ing wrong. They were students going to the year. One would think there would be some Mrs. CLAYTON. We can almost pass class. The other things that have come up balance in this. More importantly, it this on suspension. as well, hate crimes against people who reinforces who we are as Americans, Ms. WOOLSEY. Mr. Speaker, it has look Muslim and Arab who look like what it is we are all about, is the free- 199 cosponsors. It is bipartisan. Let us me. I have been asked if I am of Middle dom and liberty of being separate and make it happen. I thank the gentle- Eastern descent in Washington, D.C. In different and being able to worship as woman. we want to and being able to speak Now I am delighted to be joined by my own district, one Latino gentleman was chased on the freeway and beaten freely about issues that may not be a the gentlewoman from California (Ms. by two individuals who thought he was popular issue or be able to have an SOLIS). independent thought that goes against Ms. SOLIS. Mr. Speaker, I rise today from the Middle East. I would like our the norm. That is what it means to be to support H.R. 1343, the hate crimes laws to go after individuals who abuse free, and those are our civil liberties bill sponsored by the gentlewoman our rights and freedoms. Ms. WOOLSEY. And if the gentle- that we are so envied for throughout from California (Ms. WOOLSEY), and I woman were from the Middle East, she the world. That is what our young men am a cosponsor of the legislation. I am would be proud of it; and it does not and women go into the military and glad that we are beginning that discus- mean that she is an evil-doer or was fight and die for. sion here on the floor tonight. going to do something wrong because It is a precious right to be an Amer- As Members know, this Nation has she came from some part of the world. ican, and anything that violates that seen a sharp rise in hate crimes against Ms. SOLIS. We need to educate and would be the taking away of those lib- individuals perceived to be Muslims or teach our young people that diversity erties. I commend the gentlewoman of Arab descent. There have been over is our strength, particularly in places and would just review what are we 1,140 complaints since September 11. like Southern California where we ex- afraid of in this law. It is really very That is more than triple the number of change different languages, different straightforward. It gives local authori- all last year. I am not proud of the fact cultures; and we enjoy that strength. ties, meaning State and local govern- that California has seen one of the We have unifying symbolisms there ment, the empowerment and authorizes largest increases in hate crimes of all that people can join. We need to talk the Attorney General to provide tech- of the States this year. Since Sep- about that more forcefully here on the nical, forensic, prosecutorial and other tember 11 in Los Angeles County, the floor as the gentlewoman is doing to- assistance in the criminal investiga- county that I represent, there have night. I commend the gentlewoman, tion or prosecution of any crime that, been 156 reported incidents of hate and on behalf of the people in the 31st one, constitutes a crime of violence crimes against Arabs or Muslims. That Congressional District, I know that under the Federal law; two, is moti- includes two homicides. This is a huge they want to see some improvement vated by prejudice; and also it author- increase over last year when there were with respect to hate crimes legislation. izes the Attorney General to award as- 12 reported incidents in Los Angeles One of my cities has had numerous sistance and grants to give them infor- County. hate crimes against African Americans mation and technical assistance I am alarmed at the senseless acts of because there are very few there. That through resources that we can provide. cowardice which have included phys- has created a big problem in that city. It further directs the U.S. Sentencing ical assaults, hate mail, public harass- We need to provide support, financial Commission to study and provide sen- ment and even death. We hear reports support, whether it be through our law tencing for juveniles who commit hate of hate groups throughout the country, enforcement efforts to do more sensi- crimes. It is a range of services and particularly in the Midwest, that are tivity training and outreach, commu- tools both for enforcement, both for calling out for people to become re- nity policing, but also in the schools prevention and intervention, and gives cruits and to join in to harass people and even in our churches and mosques some guidance on how to deal with who look different from them. I think and other centers of religious teaching young people who are guilty of that. this is wrong, and I think the gentle- where people can begin to break down Even more important, what are we woman’s legislation will help move us those barriers and really begin to have teaching our young people when we are in a direction that will help inform a thoughtful discussion on what it is to not speaking out for them? Our young young people to prevent these heinous be an American, what that really people learn a lot from us, and we crimes. means. should set the example. Young people In my own congressional district, I Ms. WOOLSEY. If the gentlewoman many times have an opportunity to be would like to share that, in fact, short- would yield, on this chart are Virginia

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.071 pfrm04 PsN: H14PT1 H8178 CONGRESSIONAL RECORD — HOUSE November 14, 2001 and Maryland, the difference between of those youths think that taking their the United States will not be tolerated. the increase since September 8 was frustrations out on a group of people is We need to demonstrate today that we hardly even experienced because those just senseless, and we have to stop it. will not let terrorists with hate in two communities have been working Ms. WOOLSEY. There is a lot of their hearts divide the greatest coun- with their Muslim American and their anger and we need to find ways for peo- try in the history of the world. We will Arab American communities, and un- ple to deal with anger and their dif- not let them turn Americans against derstood the sensitivities and what ferences, and the entire situation in one another in the most diverse society needed to be done. So when September the Mideast tells us that we have to do on the face of the Earth. We will not 11 happened, their communities were that. let them instill fear of our fellow citi- already sensitive and caring about each b 1700 zens because of appearances or percep- other. So it works if we put the energy tions or heritage or backgrounds. We into it. We can start at home. It is very im- must, and I repeat must, pay close at- Mr. Speaker, now is the time because portant that we start at home. I thank tention to divisions breaking out we are putting energy into these areas. the gentlewoman so much for joining among our citizens in the wake of Sep- We voted for an airline bailout bill for me. tember 11. $15 billion. We can put energy into Ms. SOLIS. I thank the gentlewoman We need to avoid the mistakes of our that. We can put energy into a stim- from California for this special order. past in targeting certain citizens. We ulus package that gives huge tax Ms. WOOLSEY. Mr. Speaker, I have need to remember what happened in breaks to the large corporations in the the privilege of introducing the Demo- World War II to Japanese Americans country. So certainly we have time to cratic leader, the gentleman from Mis- and to my colleagues and friends, the bring the legislation of the gentleman souri (Mr. GEPHARDT), and I thank him gentleman from California (Mr. HONDA) from Michigan (Mr. CONYERS) to the very much for joining us. and Norm Mineta, who were put in House floor and it could pass on a sus- Mr. GEPHARDT. I thank the gentle- camps because of who they were. pension in a minute. We have started woman from California for taking this We need to send a clear message to the drum beat, and we are not going to time, this special order, and bringing all that we will never accept or con- stop. up this matter that is so important to done violence or hatred against any of Another reason we are not going to all Americans. I admire the work that our citizens. We need to put a stop to stop is another reality that hate groups she has done consistently over a long recent attacks on American Muslims are using, they are using the events of period of time to try to get hate crimes and Arab Americans. September 11 to gain new recruits, and legislation passed here in the House of A Pakistani store owner was shot and they are specifically targeting the Representatives. killed a few days after September 11 youth. It was reported in last Satur- Mr. Speaker, last year we came very because of who he was. Two girls were day’s Washington Post that white su- close to making this bill the law of the beaten at a college in Illinois because premacy groups have recently used im- land. Bipartisan majorities supported they were of Middle Eastern descent. A ages of the burning World Trade Center it in both Houses of Congress. We ar- gas station owner in Arizona was shot towers on fliers as a way to argue that gued that the country needed to take a and killed in his store because he was the United States needs to close its strong stand against brutal crimes a Sikh who was wearing a turban. borders to new residents. Some are committed against people because of The attacks must stop. These at- using the images on their magazine who they are. We said attacks on tacks are un-American. They violate covers and Web sites to increase sup- Americans because of race, color, na- not just the rights of individuals but port and numbers at their rallies. In tional origin, religion, sexual orienta- they are an affront to us all. They are the last year, 33 percent of white na- tion, gender or disability were attacks crimes against all of us, and we must tionalist groups engaged in efforts to not just on individuals but assaults strengthen our law enforcement and recruit and organize young people. This against all Americans. We argued that our society to better deal with these is a 10 percent increase over the year law enforcement agents at all levels acts. before. For example, the National Alli- should have better tools and resources I recall what Abraham Lincoln said ance members in Columbus, Ohio, to find those responsible for these during the wrenching challenge of the blanketed the University of Ohio with crimes and to see that they were Civil War: ‘‘Think anew and act anew. fliers warning against interracial rela- brought to justice. We had heard too Rise with the occasion and then we will tionships. Fliers featuring a skull and many stories of people beaten and bru- save our country.’’ crossbones with the slogan ‘‘Race mix- talized and murdered because of who I urge my colleagues opposed to this ers beware’’ were slipped under the they were. legislation to think anew, to act anew, doors of African American professors Matthew Shepherd was tied to a post to bring this bill up and work with us at the University of Illinois at Cham- and left to die by two men because he to renew the spirit of tolerance that paign-Urbana. was gay. James Byrd, Jr. was tied to a makes America great. Unfortunately, such incidents are not truck and dragged through the streets I thank the gentlewoman for holding confined to one university. Such efforts and killed because he was black. Ricky this special order. to simultaneously terrorize and recruit Brydsong was shot dead on the streets Ms. WOOLSEY. I thank the gen- are becoming disturbingly common- of Chicago because he was an African tleman for joining us and being willing place on campuses, and we must pass American. Children at a Jewish com- to work with us, because it is time. It legislation that makes a statement to munity center in Los Angeles were is time to pass hate crimes legislation, our youth and to Americans in general fired upon and then the perpetrator Mr. Leader. that we do not tolerate hate crimes in went and killed a Filipino American. Mr. GEPHARDT. I thank the gentle- the United States of America. There are countless other stories of woman. I obviously agree. Ms. SOLIS. Mr. Speaker, I also read people who have been victimized or as- Ms. WOOLSEY. Mr. Speaker, I want that article. It appeared in one of my saulted that did not make headlines to take this time to thank my col- local papers, in the San Gabriel Valley and went unreported. But in the end, leagues for participating in this special Tribune. I hope our law enforcement the Republican leadership thwarted the order. This Congress can no longer ig- will do the utmost that they can to will of the majority and blocked the nore the need for hate crimes legisla- find out who the individuals are that bill from being enacted. tion. As I stated earlier, my colleagues’ are spreading this hateful type of lit- Today, in light of the events of Sep- participation this evening sets an ex- erature on the Internet, and other tember 11, I believe with all my heart ample of the commitment we as a Con- means that they are using to provoke that this law is needed more than ever gress share in protecting our children people in the community. It is horrible before. We need to bring this bill up and families from hate. Hate crimes that goes on. and pass it in order to increase the legislation must be a priority. The Mr. Speaker, I see young people in power of law enforcement officials and Conyers bill, H.R. 1343, must be my district putting flags on their cars send a message to the entire country brought to the floor and passed and and trunks, but at the same time some and to the world that hate crimes in passed immediately. I have tried to do

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.073 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8179 my part by sending out letters to my The second question our nation must an- accounting for 16.5 percent, sexual ori- colleagues with information about hate swer is ‘‘How can we put an end to hate vio- entation 16 percent and ethnicity 12.4 crimes, the record of what is happening lence? percent of incidents. Notably, anti- across the country, what is happening The American people must take action. We black bias accounted for 35.6 percent of against Arab and Muslim Americans. must have a united and determined partner- all racial bias and anti-Semitism ac- Mr. Speaker, organizing these ship of elected officials, law enforcement enti- counted for 75.5 percent of all religious speeches today is not the end of what ties, businesses, community organizations, bias incidents. we are going to do. We are going to churches and religious organizations, and In the wake of the terrorist attacks, work with all of our colleagues to en- schools. the Arab-American Anti-Discrimina- sure that this issue is addressed by the Congress must also take action. Yes, statis- tion Committee has investigated, docu- Republican leadership and it is one of tics have shed light on the prevalence of hate ment and referred to federal authori- my top priorities. We heard from our crimes in our society. However, hate crimes ties over 450 incidents. These incidents leader, Leader GEPHARDT, it is very im- are often under reported. Although we gather include the murders of an a Muslim portant to him. We are going to con- significant information as a result of the Hate Pakistani store owner in Dallas, TX, tinue this drumbeat until the Repub- Crimes Statistics Act, this act makes the re- and an Indian-American gas station lican leadership allows this Congress to porting of hate crimes by state and local juris- owner in Mesa, AZ, where a suspect debate hate crimes and to vote on hate dictions voluntary, leaving gaps in information was arrested shouting, ‘‘I stand for crimes and protect our children now from key jurisdictions. (For example, of the America all the way.’’ and in the future from hate. 100 most populous cities in the U.S., 10 did The Department of Justice, however, Mr. CUMMINGS. Mr. Speaker, under the not participate in the reporting of hate crime has initiated only approximately 40 in- Violent Crime Control and Law Enforcement data in 1997.) We should encourage all juris- vestigations of hate crimes directed Act of 1994, Congress has defined a hate dictions to collect, record, and report hate against institutions or people of Arab crime as ‘‘any act of violence against a person crime data so that we may have a true under- or Middle-Eastern decent. As the or property based on the victims’ race, color, standing of the depth and nature of this issue. James Byrd and Matthew Shepard gender, national origin, religion, sexual ori- It is also our duty to ensure that our nation’s tragedies suggest, the investigation entation or disability.’’ laws fully protect all of its citizens. Our existing and prosecution of this flood of hate We have all seen the many forms that civil rights laws protect citizens against crimes crimes will strain the resources of crimes of hate can take. We have witnessed involving acts of violence because of race, state and local law enforcement agen- crimes perpetrated against persons based on color, religion, or national origin. The Local cies. their ethnicity or race; due to a person’s sex- Law Enforcement Hate Crimes Prevention Act Current law limits federal jurisdic- ual orientation; or based on a person’s reli- of 2001 (H.R. 1343) would for the first time tion to federally protected activities, gion. Recently, we have witnessed numerous, broaden federal jurisdiction under civil rights such as voting for even covered classes heinous crimes against Muslims and Shiks law by adding gender, disability, and sexual of persons, so all these incidents will based on their identity and religion. These are orientation to the categories protected by not be subject to federal jurisdiction. crimes of hate perpetrated against Americans these laws. In addition, it would remove limits Moreover, current law does not permit and should be prosecuted with a heightened on the prosecution of hate crimes that are not federal involvement in a range of cases sense of responsibility. committed under ‘‘federally protected’’ activi- involving crimes motivated by bias FBI statistics revel that in 1999, a total of ties under existing civil rights laws, such as against the victim’s sexual orientation, 7,876 bias-motivated criminal incidents were voting, attending school, serving on a jury, or gender or disability. This loophole is reported. Of these incidents: 4,295 were moti- traveling for purposes of interstate commerce. particularly significant given the fact vated by racial bias; 1,411 by religious bias; As such, I call for immediate consideration that ten states have no hate crime laws 1,317 by sexual-orientation bias; 829 by eth- and passage of the Hate Crimes Prevention on the books, and another 21 states nicity/national origin bias; 19 by disability bias; Act which would allow prosecution of serious, have extremely weak hate crimes laws. and 5 by multiple bias. violent hate crimes, regardless of whether a Our bill will remove these hurdles, so As we discuss this issue, I believe that there federally protected right was being exercised. the federal government will no longer are two questions our nation must answer. Nonaction translates into not caring. be handicapped in its efforts to assist First, why should we care? Nonaction translates into condoning the ha- in the investigation and prosecution of I submit to you today that we should care tred that continues to permeate this nation. hate crimes. Through an Intergovern- because our nation was built on a foundation But most significant, nonaction translates mental Assistance Program, federal au- of democracy and independence for all. Our into silence. thorities will be able to provide tech- Declaration of Independence states: ‘‘We hold And as Martin Luther King stated: ‘‘We will nical, forensic or prosecutorial assist- these truths to be self evident, that all men are remember not the words of our enemies, but ance to state and local law enforce- created equal, that they are endowed by their the silence of our friends.’’ ment officials. In addition, the legisla- Creator with certain unalienable Rights, that Mr. CONYERS. Mr. Speaker, since tion authorizes the Attorney General among these are Life, Liberty, and the Pursuit the April 3, 2001 introduction of H.R. to make grants to state and local law of Happiness.’’ 1343, the Hate Crimes Prevention Act, enforcement agencies that have in- We all take pride in these words, but we all 199 members from both sides of the curred extraordinary expenses associ- have a duty, as American people, to recognize aisle have added their voices to the call ated with the investigation and pros- that this principle applies to all of our nation’s for comprehensive legislation that will ecution of hate crimes. citizens regardless of their race or national ori- provide assistance to state and local The Hate Crimes Prevention Act of gin, gender, sexual orientation, religion, or dis- law enforcement and amend federal law 2001 is a constructive and measured re- ability status. to streamline the investigation and sponse to a problem that continues to I believe that in this time of national emer- prosecution of hate crimes. plague or nation—violence motivated gency it is critical that we remain a ‘‘unified The events of September 11th have by prejudice. It is vital that both gov- America’’ and reach out across our differences demonstrated the destructive power of ernment and individuals distinguish in ethnicity, race, and religion to respect each hate to rend the fabric of a community the beliefs of the Arab-American and other and to celebrate the differences. We and a nation. Domestically, hate Muslim communities from the per- must all remember that although we are a crimes statistics are a disturbing ba- petrators of September 11th’s violence, melting pot of various cultures, ideals, and rometer of the state of the nation. In and recognize that these Americans physical makeups, we are all one human race. spite of national success in lowering share our values and contribute signifi- As one 16-year-old recently wrote: overall crime rates, hate crimes have cantly to our communities. He prayed—it wasn’t my religion. proven resistant to that trend. Data All Americans should stand to con- He ate—it wasn’t what I ate. collected for 2000, pursuant to the 1990 demn any acts of bigotry, violence or He spoke—it wasn’t my language. Hate Crimes Statistics Act, docu- discrimination against Arab-Ameri- He dressed—it wasn’t what I wore. He took my hand—it wasn’t the color of mented 8152 hates crimes, an increase cans, South Asians and American Mus- mine. of 3.5 percent from 1999 figures. lims and call upon Americans of every But when he laughed—it was how I laughed, Overall, racial bias accounted for 54.3 faith and heritage to stand together in and when he cried—it was how I cried. percent of incidents, with religious bias this time of national crisis. Our sense

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K14NO7.075 pfrm04 PsN: H14PT1 H8180 CONGRESSIONAL RECORD — HOUSE November 14, 2001 of community with fellow Americans sented to the President of the United 4576. A letter from the Chief Counsel, Of- of Arab and South Asian decent and States, for his approval, the following fice of Foreign Assets Control, Department those of the Islamic faith should not be bill. of the Treasury, transmitting the Depart- counted as another casualty of Sep- ment’s final rule—Blocked Persons, Spe- H.R. 768. To amend the Improving Amer- cially Designated Nationals, Specially Des- tember 11th’s senseless violence. ica’s Schools Act of 1994 to extend the favor- ignated Terrorists, Foreign Terrorist Organi- f able treatment of need-based educational aid zations, and Specially Designated Narcotics under the antitrust laws, and for other pur- LEAVE OF ABSENCE Traffickers: Additional Designations of Ter- poses. rorism-Related Blocked Persons—received By unanimous consent, leave of ab- f November 7, 2001, pursuant to 5 U.S.C. sence was granted to: ADJOURNMENT 801(a)(1)(A); to the Committee on Inter- Mr. MEEKS of New York (at the re- national Relations. quest of Mr. GEPHARDT) for today and Ms. WOOLSEY. Mr. Speaker, I move 4577. A letter from the Acting Director, Of- the balance of the week on account of that the House do now adjourn. fice of Surface Mining, Department of the In- a death in the family. The motion was agreed to; accord- terior, transmitting the Department’s final rule—Pennsylvania Regulatory Program f ingly (at 5 o’clock and 8 minutes p.m.), the House adjourned until tomorrow, [PA–132–FOR] received November 13, 2001, SPECIAL ORDERS GRANTED pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Thursday, November 15, 2001, at 10 a.m. mittee on Resources. By unanimous consent, permission to f 4578. A letter from the Acting Director, Of- address the House, following the legis- EXECUTIVE COMMUNICATIONS, fice of Surface Mining, Department of the In- lative program and any special orders terior, transmitting the Department’s final heretofore entered, was granted to: ETC. rule—Indiana Regulatory Program [SPATS The following Members (at the re- Under clause 8 of rule XII, executive No. IN–152–FOR; State Program Amendment quest of Mr. MCNULTY) to revise and communications were taken from the No. 2001–1] received November 13, 2001, pursu- extend their remarks and include ex- Speaker’s table and referred as follows: ant to 5 U.S.C. 801(a)(1)(A); to the Committee traneous material:) on Resources. 4570. A letter from the Under Secretary, 4579. A letter from the Acting Director, Of- Mr. DEFAZIO, for 5 minutes, today. Acquisition, Technology, and Logistics, De- fice of Surface Mining, Department of the In- Mr. PALLONE, for 5 minutes, today. partment of Defense, transmitting the Se- terior, transmitting the Department’s final Ms. MILLENDER-MCDONALD, for 5 min- lected Acquisition Reports (SARS) for the rule—North Dakota Regulatory Program utes, today. quarter ending September 30, 2001, pursuant [SPATS No. ND–042–FOR; Amendment No. Ms. MCKINNEY, for 5 minutes, today. to 10 U.S.C. 2432; to the Committee on Armed XXXI] received November 13, 2001, pursuant Mr. DAVIS of Illinois, for 5 minutes, Services. to 5 U.S.C. 801(a)(1)(A); to the Committee on 4571. A letter from the Principal Deputy today. Resources. Mr. GREEN of Texas, for 5 minutes, Associate Administrator, Environmental 4580. A letter from the Assistant Attorney today. Protection Agency, transmitting the Agen- General, Office of Legislative Affairs, De- cy’s final rule—Approval and Promulgation Mr. ANDREWS, for 5 minutes, today. partment of Justice, transmitting the an- of Implementation Plans; California State Ms. JACKSON-LEE of Texas, for 5 min- nual report of the Office of Justice Programs Implementation Plan Revision; Interim utes, today. for Fiscal Year 2000, pursuant to 42 U.S.C. Final Determination that State has Cor- 3712(b); to the Committee on the Judiciary. Ms. WATSON of California, for 5 min- rected the Deficiencies [CA 249–0307; FRL– utes, today. 4581. A letter from the Regulations Coordi- 7102–4] received November 9, 2001, pursuant nator, Centers for Medicare and Medicaid Ms. KAPTUR, for 5 minutes, today. to 5 U.S.C. 801(a)(1)(A); to the Committee on Services, Department of Health and Human Ms. BROWN of Florida, for 5 minutes, Energy and Commerce. Services, transmitting the Department’s today. 4572. A letter from the Principal Deputy final rule—Medicare Program; Prospective Mrs. CLAYTON, for 5 minutes, today. Associate Administrator, Environmental Payment System for Hospital Outpatient Mr. SCOTT, for 5 minutes, today. Protection Agency, transmitting the Agen- Services: Criteria for Establishing Addi- Mr. STUPAK, for 5 minutes, today. cy’s final rule—Standards of Performance for tional Pass-Through Categories for Medical (The following Members (at the re- Large Municipal Waste Combustors for Devices [CMS–1179–IFC] (RIN: 0938–AK59) re- quest of Mr. RYAN of Wisconsin) to re- Which Construction Is Commenced After ceived November 8, 2001, pursuant to 5 U.S.C. vise and extend their remarks and in- September 20, 1994 or for Which Modification 801(a)(1)(A); jointly to the Committees on clude extraneous material:) or Reconstruction Is Commenced After June Energy and Commerce and Ways and Means. 19, 1996 and Emission Guidelines and Compli- Mr. THUNE, for 5 minutes, today. ance Times for Large Municipal Waste Com- f Mr. GANSKE, for 5 minutes, November bustors That are Constructed On or Before 21. REPORTS OF COMMITTEES ON September 20, 1994 [AD–FRL–7100–8] (RIN: PUBLIC BILLS AND RESOLUTIONS Mr. SOUDER, for 5 minutes, today and 2060–AJ52) received November 6, 2001, pursu- November 15. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Under clause 2 of rule XIII, reports of Mrs. JO ANN DAVIS of Virginia, for 5 on Energy and Commerce. committees were delivered to the Clerk minutes, today. 4573. A letter from the Principal Deputy for printing and reference to the proper Mr. DUNCAN, for 5 minutes, November Associate Administrator, Environmental calendar, as follows: 15. Protection Agency, transmitting the Agen- Mr. DREIER: Committee on Rules. H.R. (The following Member (at his own cy’s final rule—Revisions to the California 981. A bill to provide a biennial budget for request) to revise and extend his re- State Implementation Plan, California State the United States Government; with an marks and include extraneous mate- Implementation Plan Revision; San Joaquin amendment (Rept. 107–200 Pt. 2). rial:) Valley Unified Air Pollution Control Dis- Ms. PRYCE of Ohio: Committee on Rules. trict, and South Coast Air Quality Manage- Mr. FOLEY, for 5 minutes, today. House Resolution 288. Resolution providing ment District [CA 169–0272a; FRL–7100–6] re- for consideration of the bill (H.R. 2269) to f ceived November 9, 2001, pursuant to 5 U.S.C. amend title I of the Employee Retirement SENATE CONCURRENT 801(a)(1)(A); to the Committee on Energy and Income Security Act of 1974 and the Internal RESOLUTION REFERRED Commerce. Revenue Code of 1986 to promote the provi- 4574. A letter from the Director, Defense sion of retirement investment advice to A concurrent resolution of the Sen- Security Cooperation Agency, transmitting workers managing their retirement income ate of the following title was taken notification concerning the Department of assets (Rept. 107–289). Referred to the House from the Speaker’s table and, under the Army’s Proposed Letter(s) of Offer and Calendar. the rule, referred as follows: Acceptance (LOA) to Egypt for defense arti- Mr. THOMAS: Committee on Ways and cles and services (Transmittal No. 02–10), S. Con. Res. 83. Concurrent resolution pro- Means. H.R. 3009. A bill to extend the Andean pursuant to 22 U.S.C. 2776(b); to the Com- viding for a National Day of Reconciliation; Trade Preference Act, to grant additional mittee on International Relations. to the Committee on Transportation and In- trade benefits under that Act, and for other 4575. A letter from the Assistant Secretary frastructure. purposes; with an amendment (Rept. 107–290). for Legislative Affairs, Department of State, Referred to the Committee of the Whole f transmitting notification of waived missile House on the State of the Union. sanctions against the Government of Paki- BILL PRESENTED TO THE DISCHARGE OF COMMITTEE PRESIDENT stan essential to the national security of the United States, pursuant to 50 U.S.C. 1703(c); Pursuant to clause 2 of rule XII the Jeff Trandahl, Clerk of the House re- to the Committee on International Rela- committee on Government Reform dis- ports that on November 13, 2001 he pre- tions. charged from further consideration.

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A14NO7.037 pfrm04 PsN: H14PT1 November 14, 2001 CONGRESSIONAL RECORD — HOUSE H8181 H.R. 981 referred to the Committee of ciated with the terrorist attacks of Sep- H.R. 1162: Mr. ROSS. the Whole House on the State of the tember 11, 2001; to the Committee on Inter- H.R. 1198: Ms. BERKLEY. Union and ordered to be printed. national Relations, and in addition to the H.R. 1289: Ms. LOFGREN. Committees on Transportation and Infra- H.R. 1353: Mr. KIND. f structure, and Armed Services, for a period H.R. 1485: Mr. MCINTYRE, Mr. FRANK, Mr. PUBLIC BILLS AND RESOLUTIONS to be subsequently determined by the Speak- MCHUGH, Mr. BACA, and Mr. BRADY of Penn- er, in each case for consideration of such pro- sylvania. Under clause 2 of rule XII, public visions as fall within the jurisdiction of the H.R. 1487: Mr. HALL of Texas. bills and resolutions were introduced committee concerned. H.R. 1582: Mr. FALEOMAVAEGA. and severally referred, as follows: By Mr. NEY (for himself, Mr. HOYER, H.R. 1786: Mr. SHERWOOD. H.R. 1808: Ms. LEE, Ms. KAPTUR, Mrs. MEEK By Mr. CONYERS (for himself, Ms. Mr. BLUNT, Mr. FATTAH, Mr. EHLERS, of Florida, Mr. SANDERS, Ms. HART, Mr. MCCOLLUM, Mr. SABO, Mr. MORAN of Mr. PRICE of North Carolina, Mr. MCGOVERN, Mr. CUMMINGS, Mr. UNDERWOOD, Virginia, Mr. POMEROY, Ms. LEE, Mr. MICA, Mr. LANGEVIN, Mr. LINDER, Mr. and Mrs. JONES of Ohio. OBERSTAR, Mr. PETERSON of Min- HASTINGS of Florida, Mr. DOOLITTLE, H.R. 1822: Mr. SHUSTER, Mr. EVANS, Mr. nesota, Mr. LUTHER, Mr. RAMSTAD, Mr. DAVIS of Florida, Mr. REYNOLDS, JOHNSON of Illinois, and Mr. WU. Mr. KENNEDY of Minnesota, Mr. GUT- Mr. REYES, Mr. BUYER, Ms. EDDIE H.R. 2012: Mrs. CAPPS, Mr. PLATTS, and Mr. KNECHT, and Mrs. MEEK of Florida): BERNICE JOHNSON of Texas, Mr. BOEH- OLVER. H.R. 3288. A bill to amend the Clayton Act LERT, Mr. LEWIS of Georgia, Mr. CAS- H.R. 2037: Mr. PORTMAN, Mr. COX, Mr. to make the antitrust laws applicable to the TLE, Mr. HINOJOSA, Mr. PORTMAN, BOYD, and Mr. JEFF MILLER of Florida. elimination or relocation of major league Mrs. MEEK of Florida, Mr. ENGLISH, H.R. 2088: Mr. BRYANT and Mr. SKELTON. baseball franchises; to the Committee on the Mrs. THURMAN, Mr. LATOURETTE, Mr. H.R. 2348: Ms. MILLENDER-MCDONALD, Ms. Judiciary. WYNN, Mr. KING, Mr. SPRATT, Mr. WATERS, and Mrs. JONES of Ohio. By Ms. BERKLEY: TIBERI, Mr. RUSH, Mr. DIAZ-BALART, H.R. 2357: Mr. MCINNIS, Mr. AKIN, and Mr. H.R. 3289. A bill to provide for interagency Mr. THOMPSON of Mississippi, Mr. COX. planning for preparing for, defending HORN, Ms. MCKINNEY, Mr. HAYES, H.R. 2374: Mr. NEAL of Massachusetts. against, and responding to the consequences Mrs. JONES of Ohio, Mr. COOKSEY, Mr. H.R. 2379: Mr. MORAN of Virginia. of terrorist attacks against the Yucca Moun- DINGELL, Mr. WALDEN of Oregon, Mr. CUMMINGS, Mr. FOLEY, Mr. ACKER- H.R. 2435: Mr. FORBES. tain Project, and for other purposes; to the H.R. 2484: Mr. FROST. Committee on Energy and Commerce, and in MAN, Mr. GREENWOOD, Ms. BROWN of Florida, Mr. WOLF, Mr. CARDIN, Mr. H.R. 2598: Mr. GUTIERREZ. addition to the Committee on Transpor- H.R. 2623: Mrs. MEEK of Florida, Mr. BER- tation and Infrastructure, for a period to be BALLENGER, Mr. ANDREWS, Mr. FORBES, Mr. BAIRD, Ms. HART, Mrs. MAN, and Mr. SNYDER. subsequently determined by the Speaker, in H.R. 2678: Mr. ISAKSON, Mr. UPTON, Mrs. each case for consideration of such provi- CAPPS, Mr. LAHOOD, Mr. BARCIA, Mr. FLETCHER, Mr. CARSON of Oklahoma, MORELLA, Mr. SMITH of Texas, Mr. BOUCHER, sions as fall within the jurisdiction of the and Mr. OWENS. committee concerned. Mr. GRUCCI, Mr. HILL, Mr. AKIN, Mr. ETHERIDGE, Mr. PLATTS, Mr. CROW- H.R. 2722: Mr. WAMP, Mr. FORBES, Mr. By Mrs. CAPPS: TOWNS, Mrs. JOHNSON of Connecticut, Mrs. H.R. 3290. A bill to authorize the Secretary LEY, Mr. TERRY, Mr. HOLT, Mr. MATHESON, Ms. MCCARTHY of Mis- JONES of Ohio, Mr. MCHUGH, Mrs. ROUKEMA, of Energy to guarantee loans to facilitate Ms. MCKINNEY, Ms. HARMAN, Mr. UDALL of nuclear nonproliferation programs and ac- souri, Mr. MOORE, Mr. PASCRELL, Mrs. TAUSCHER, Mr. STARK, Mr. POM- New Mexico, and Mr. BECERRA. tivities of the Government of the Russian ONIOR EROY, Mr. LARSEN of Washington, Mr. H.R. 2782: Mr. B . Federation, and for other purposes; to the H.R. 2835: Mr. MCGOVERN, Ms. MCKINNEY, HOEFFEL, Mr. GANSKE, Mr. BROWN of Committee on International Relations. Mr. UNDERWOOD, and Mr. FROST. Ohio, Mrs. CLAYTON, Mr. WELDON of By Mr. FRANK: H.R. 2847: Mr. LEACH and Mr. BONIOR. Pennsylvania, and Mr. LEWIS of Cali- H.R. 3291. A bill to amend title 10, United H.R. 2850: Mr. PLATTS. States Code, to provide that consensual sex- fornia): H.R. 3295. A bill to establish a program to H.R. 2901: Ms. PELOSI and Mr. LARSON of ual activity between adults shall not be a provide funds to States to replace punch card Connecticut. violation of the Uniform Code of Military voting systems, to establish the Election As- H.R. 2916: Mrs. MINK of Hawaii and Mr. WU. Justice; to the Committee on Armed Serv- sistance Commission to assist in the admin- H.R. 2949: Mr. COOKSEY and Ms. EDDIE BER- ices. istration of Federal elections and to other- NICE JOHNSON of Texas. By Mr. HOUGHTON (for himself and wise provide assistance with the administra- H.R. 3009: Mr. KIRK, Mr. DIAZ-BALART, Mr. Mrs. THURMAN): tion of certain Federal election laws and pro- SHAW, Mr. KNOLLENBERG, Mr. MORAN of Vir- H.R. 3292. A bill to establish an informatics grams, to establish minimum election ad- ginia, Mr. CANTOR, Mr. JEFFERSON, Mr. RAN- grant program for hospitals and skilled nurs- ministration standards for States and units GEL, Mr. RAMSTAD, Mrs. TAUSCHER, Mr. GOSS, ing facilities and to encourage health care of local government with responsibility for Mr. HYDE, Mr. PORTMAN, Mr. ENGLISH, Mr. providers to make major information tech- the administration of Federal elections, and KOLBE, Mr. MCDERMOTT, Mr. BRADY of Texas, nology advances by establishing a Medical for other purposes; to the Committee on Ms. PRYCE of Ohio, Mr. ROYCE, and Mr. Information Technology Advisory Board House Administration, and in addition to the DREIER. that will develop and disseminate standards Committees on the Judiciary, Science, Gov- H.R. 3011: Mr. SCHIFF. for the electronic sharing of medical infor- ernment Reform, and Armed Services, for a H.R. 3015: Mrs. MINK of Hawaii. mation; to the Committee on Ways and period to be subsequently determined by the H.R. 3019: Mr. ACKERMAN and Mr. CROWLEY. Means, and in addition to the Committee on Speaker, in each case for consideration of H.R. 3026: Mr. CLEMENT. Energy and Commerce, for a period to be such provisions as fall within the jurisdic- H.R. 3046: Mr. WELDON of Florida, Mr. subsequently determined by the Speaker, in tion of the committee concerned. PLATTS, Mr. EVANS, Mr. LAHOOD, and Mr. each case for consideration of such provi- KENNEDY of Minnesota. f sions as fall within the jurisdiction of the H.R. 3050: Mr. OTTER. committee concerned. ADDITIONAL SPONSORS H.R. 3054: Mr. WEINER. By Mr. LUCAS of Oklahoma (for him- Under clause 7 of rule XII, sponsors H.R. 3074: Mr. SCHAFFER, Mr. WAMP, Mr. self and Mr. WATKINS): JONES of North Carolina, Mr. GOODE, Mr. H.R. 3293. A bill to establish a coordinated were added to public bills and resolu- TANCREDO, and Mr. KINGSTON. program of science-based countermeasures tions as follows: H.R. 3076: Mr. SCHAFFER, Mr. WAMP, Mr. to address the threats of agricultural bioter- H.R. 162: Mr. BECERRA, Mr. CLAY, Mr. JONES of North Carolina, Mr. GOODE, Mr. rorism; to the Committee on Agriculture. FATTAH, Mr. MARKEY, Mrs. MEEK of Florida, TANCREDO, and Mr. KINGSTON. By Mrs. MCCARTHY of New York (for Mr. SCOTT, Mr. THOMPSON of Mississippi, Mr. H.R. 3087: Mr. PASCRELL. herself, Mr. ABERCROMBIE, Mr. WATT of North Carolina, and Ms. LOFGREN. H.R. 3088: Mr. SCHIFF, Mrs. MORELLA, Mrs. ISRAEL, Ms. HART, Mr. PALLONE, Mr. H.R. 218: Mr. ROGERS of Kentucky and Mr. CLAYTON, Ms. BROWN of Florida, Mr. REY- CROWLEY, Mr. NADLER, Mr. WEINER, ISRAEL. NOLDS, Mr. KILDEE, Mr. MCHUGH, Mr. MORAN Mr. TOWNS, Mr. OWENS, Ms. VELAZ- H.R. 511: Mr. SHERMAN and Mr. MANZULLO. of Virginia, and Mr. RANGEL. QUEZ, Mrs. MALONEY of New York, H.R. 602: Mr. GRUCCI. H.R. 3109: Mr. DICKS, Mr. STRICKLAND, and H.R. 604: Mr. BROWN of South Carolina and Mr. SERRANO, Mr. ENGEL, Mrs. Ms. MCCARTHY of Missouri. Mrs. MINK of Hawaii. LOWEY, Mr. GILMAN, Mr. HINCHEY, H.R. 3175: Mr. SAXTON and Mr. MCDERMOTT. H.R. 650: Mr. ROGERS of Kentucky. Ms. SLAUGHTER, and Mr. MCGOVERN): H.R. 3192: Mr. SWEENEY, Mr. KING, Mr. H.R. 690: Mrs. NAPOLITANO. H.R. 3294. A bill to provide for the distribu- H.R. 782: Mr. MORAN of Virginia. KIRK, Mr. BOEHLERT, Mr. HOUGHTON, Mr. tion of assets frozen pursuant to Executive H.R. 783: Mr. FALEOMAVAEGA. FRELINGHUYSEN, Mrs. ROUKEMA, Mr. LEACH, Order 13224 and similar Executive orders to H.R. 792: Ms. MCCOLLUM and Mr. HOLT. Mr. GANSKE, Mr. UPTON, Mrs. KELLY, and Mr. the State of New York, the State of Pennsyl- H.R. 981: Mr. BURTON of Indiana, Mr. SMITH EHLERS. vania, and the Department of Defense to of New Jersey, and Mr. BARTLETT of Mary- H.R. 3209: Mr. SWEENEY and Mr. OXLEY. cover cleanup and reconstruction costs asso- land. H.R. 3221: Mr. PLATTS.

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A14NO7.027 pfrm04 PsN: H14PT1 H8182 CONGRESSIONAL RECORD — HOUSE November 14, 2001

H.R. 3230: Mr. LOBIONDO and Mr. ISSA. H.Con. Res. 195: Mr. COYNE. H. Con. Res. 266: Mr. GRUCCI, Mr. BARTLETT H.R. 3277: Ms. NORTON, Mr. LIPINSKI, and H. Con. Res. 222: Mr. BACHUS and Mr. of Maryland, Ms. HART, Mr. MCGOVERN, and Mr. JACKSON of Illinois. SCHROCK. Mr. UNDERWOOD. H.R. 3286: Mr. STUMP, Mr. TANCREDO, and H. Con. Res. 249: Mr. FOSSELLA. H. Con. Res. 267: Mr. FOLEY. Mr. PAUL. H.J. Res. 23: Mr. NEY. H. Con. Res. 250: Mr. TERRY and Ms. BERK- H. Res. 281: Ms. KAPTUR, Mr. MCNULTY, Mr. H.J. Res. 54: Mr. PITTS and Mr. LEY. HORN, Mrs. NAPOLITANO, and Mr. HOSTETTLER. H. Con. Res. 253: Ms. WOOLSEY, Mr. CRANE, FALEOMAVAEGA. H. Con. Res. 60: Mr. PETRI. Mr. FALEOMAVAEGA, and Mr. ETHERIDGE. H. Res. 284: Mr. GOODE and Mr. MCNULTY.

VerDate 06-NOV-2001 00:11 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A14NO7.031 pfrm04 PsN: H14PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, WEDNESDAY, NOVEMBER 14, 2001 No. 157 Senate The Senate met at 10:30 a.m. and was lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- called to order by the Honorable JON S. indivisible, with liberty and justice for all. pore. Without objection, it is so or- CORZINE, a Senator from the State of f dered. New Jersey. APPOINTMENT OF ACTING f PRAYER PRESIDENT PRO TEMPORE ECONOMIC RECOVERY AND HOMELAND SECURITY The Chaplain, Dr. Lloyd John The PRESIDING OFFICER. The Ogilvie, offered the following prayer: clerk will please read a communication Mr. DASCHLE. Mr. President, 5 Almighty God, we praise You for the to the Senate from the President pro months ago, America had a projected religious freedom we enjoy in America. tempore (Mr. BYRD). budget surplus of $2.7 trillion over the Thank You that the fabric of that free- The assistant legislative clerk read next 10 years. The stock market was dom was woven by lodestar leaders like the following letter: soaring. The question before us was one William Penn who in 1701 published a U.S. SENATE, that most leaders could only dream of: charter of privileges ensuring that ev- PRESIDENT PRO TEMPORE, ‘‘What should we do with our pros- eryone would be given liberty to wor- Washington, DC, November 14, 2001. perity?’’ ship You according to the dictates of To the Senate: At that time, the debate was focused his or her beliefs and conscience. We Under the provisions of rule I, paragraph 3, on tax cuts—how much, for whom, and of the Standing Rules of the Senate, I hereby are moved by the fact that the bell could we also provide for America’s appoint the Honorable JON S. CORZINE, a unmet needs? Regardless of one’s view celebrating the jubilee founding of Senator from the State of New Jersey, to Pennsylvania was cast in 1751 and be- perform the duties of the Chair. about that debate or its outcome, there came the Liberty Bell which rang dur- ROBERT C. BYRD, can be no doubt that this is a very dif- ing the first reading of the Declaration President pro tempore. ferent moment. of Independence in 1776. Last night, an Mr. CORZINE thereupon assumed the Two months ago, more than 6,000 in- exact replica cast by the same works in chair as Acting President pro tempore. nocent men and women lost their lives England was dedicated to be taken to terrorism. In the weeks since, a f around the Nation and rung. The words wave of anthrax attacks has taken cast into this Spirit of Liberty Bell are RECOGNITION OF THE MAJORITY lives, closed offices, and sown fear. the same as the original from Leviticus LEADER Our President, rightfully, has assem- bled an international coalition to fight 25:10. ‘‘Proclaim liberty throughout the The ACTING PRESIDENT pro tem- those who attacked us, and those who land unto all the inhabitants.’’ As this pore. The majority leader is recog- aided them. We are at war. Spirit of Liberty Bell rings throughout nized. the land, help us to rededicate our- The Federal Government is helping selves to maintain religious freedom in f those areas destroyed and damaged by our own lives. Forgive any prejudice in SCHEDULE the attacks to rebuild. We passed legis- our hearts and purge from us any ves- lation to keep our airlines flying, and tige of judgmentalism for people whose Mr. DASCHLE. Mr. President, I will to give our law enforcement the tools expression of faith in You differs from use my leader time in order to make a needed to fight terror. our own. As we battle against terror- statement on the economic recovery- Our economy, which was already ists and nations who persecute people homeland security bill. It is our expec- weakening before September 11, has because of their religious beliefs, help tation that we will be introducing the continued to deteriorate. us make America a nation where we bill in its modified form at about 11:15. The question facing America is no live by George Washington’s motto: But until then, obviously Senators are longer, ‘‘What should we do with our ‘‘To bigotry, give no sanction . . . to welcome to address this or other issues prosperity?’’ The question now is, persecution, no assistance.’’ In Your in morning business. I invite them to ‘‘How do we protect our citizens, liberating name. Amen. do so. strengthen an ailing economy, and win f f this war against terrorism?’’ I believe history will judge this Con- PLEDGE OF ALLEGIANCE MORNING BUSINESS gress by how well we answer that ques- The Honorable JON S. CORZINE led the Mr. DASCHLE. Mr. President, I ask tion. Pledge of Allegiance, as follows: unanimous consent the Senate conduct Shortly after September 11, I visited I pledge allegiance to the Flag of the a period of morning business for up to a call center in Rapid City, SD, that United States of America, and to the Repub- 45 minutes, between now and 11:15. handles United Airlines’ frequent flyer

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S11737

. S11738 CONGRESSIONAL RECORD — SENATE November 14, 2001 program. The 235 people there were First, it provides unemployment in- and investment. In sum, these are tax working hard—helping people get tick- surance for laid-off workers. cuts that will help Wall Street and ets and arranging travel in the chaotic Providing unemployment insurance Main Street. days after September 11. It was a tough to laid-off workers isn’t just the right Fourth, we provide for strengthening job, on the phone hour after hour, help- thing to do. It’s the smart thing to do. homeland security. ing scared, angry, and confused callers. It puts money into the hands of people We can pass tax cut after tax cut. In All they could do was to ask people to who are most likely to spend it imme- the end, no tax cut—even the right tax be patient and to be understanding. diately. As Robert Rubin has said, un- cuts—will stimulate the economy if In the past couple of weeks, nearly 50 employment insurance is ‘‘a near-per- people are afraid to travel or go about of those hard-working employees have fect stimulus.’’ their business. lost their jobs. Like most hard-working But more than half of unemployed If we are serious about repairing people in America, these people don’t workers are not covered under the cur- damage to America’s economy—and expect or want the government to do rent unemployment insurance system, avoiding future terrorism-related fi- anything for them that they can do for even though they pay into it. Many of nancial disasters—we must strengthen America’s homeland security so people themselves. But now, due to no fault of these are the part-time and temporary can feel safer getting on a plane, going their own—no lack of skill or ambition workers who often most need the help. about their business, and living their or work ethic—they are no longer And for those who are eligible for un- lives. working. employment insurance, the benefits often do not last long enough. Next That is why our plan includes $15 bil- They are not alone. More than 7 mil- lion for homeland defense. It will help lion Americans are out of work. Last year, an estimated 5 million Americans will use all 26 weeks of their benefits, protect Americans from threats such month, the unemployment rate took as the recent anthrax attacks that its largest jump in 21 years. For too and still be without a job. Our plan extends unemployment ben- have so shaken our nation and our own long, we have asked America’s laid off efits an additional 13 weeks in all 50 offices, as well as other biological, workers to be patient and under- States; it expands coverage to millions chemical, and nuclear threats. It will standing. Too many Americans fear for of workers who are not covered under strengthen our transportation security their future. Because of what our na- the current system. and help protect our food and water tion has experienced in the last 2 During the first Bush Administra- supply. months, they fear for their safety. We tion, when we were facing a recession, All told, our plan costs $74 billion in need an economic recovery plan that Democrats and Republicans agreed to the first year, and $84 billion over 10 addresses both fears and offers real extend unemployment insurance—four years. It is both effective and respon- help. times. We were able to agree that ex- sible, and we believe it is the right ap- Today, Democrats are offering a plan tending unemployment benefits was proach for America’s economic recov- that will help bring back America’s the right approach to an economic ery and future safety. economic prosperity and help workers Regrettably, Republicans have cho- slowdown then, we should be able to who have lost their jobs. It is a plan sen to take a different approach. agree that it is the right approach now. Many things, as I said, about Amer- that strengthens our homeland defense Second, we provide health coverage in the process. This is, simply, the ica changed on Sept. 11. One thing that for workers. seemed to change—for the better—is right plan for the right time. Democrats also believe that extend- the way Washington works. Democrats In the weeks following the September ing health coverage for laid-off workers and Republicans in Congress have been 11 attacks, Democrats and Republicans and their families should be part of any working together, and Congress has in the Senate asked the experts, in- real economic recovery package. The cluding Federal Reserve Chairman been working well with White House. average cost of COBRA health coverage This unprecedented level of consulta- Alan Greenspan and former Treasury for a family is $588 a month—half the Secretary Robert Rubin: What are the tion and bipartisanship is what has, to monthly unemployment benefit. date, allowed us to respond so quickly most effective steps we can take to That is simply too much money for shore up our economy? to the attacks and the ongoing ter- families hit by a layoff. As a result, rorist threat. Here is what they told us: Put money only about 20 percent of dislocated into the hands of low- and middle-in- It was my hope that we would follow workers who are eligible for COBRA that same bipartisan approach on the come workers; they are the ones who coverage actually purchase it. Too will spend it quickly. Make sure that subject of economic stimulus as well. often, when a head of a household is Indeed, that is how the process began. workers who have lost their jobs re- out of work, parents and children go Early on, Chairman BAUCUS led a bi- ceive unemployment benefits. And cut without health insurance. partisan series of meetings with Sen- taxes for businesses—but limit the tax That is wrong. ator GRASSLEY, their House counter- cuts to those that actually help create We propose paying up to 75 percent of parts, outside experts, and the Admin- jobs. the cost of COBRA coverage, giving istration. They told us that any plan to stimu- States the option to provide Medicaid Unfortunately, Republican leaders in late the economy should help people coverage to those who aren’t eligible the House withdrew from that effort. regain the sense of security they need for COBRA, and providing a temporary Instead, they pushed through—on a to shop, travel, and invest. increase in the Medicaid payment rate party line vote—a bill that is not a re- Finally, they said our plan must be for States, so that States will not have covery bill at all but merely another affordable and temporary. After all, to cut Medicaid or raise taxes in order laundry list of tax cuts—just another the baby boomers will start retiring in to keep their budgets balanced. page out of the Republican Party’s pre- less than a decade, and we should not Third, we provide tax cuts for fami- existing tax cut agenda. be taking on major long-term spending lies and for businesses that invest and Although they masquerade as stim- or revenue obligations that will make create jobs. ulus plans, no serious observer believes it even more difficult to meet our re- Most economists agree: to jump start that the Republican proposals are any- sponsibilities to Social Security and the economy, individual tax cuts thing of the kind. Medicare. should put money quickly into the The centerpiece of the Senate Repub- Our plan heeds that simple but sound hands of middle- and low-income peo- lican proposal is a plan to accelerate advice. It includes unemployment in- ple—because they are the people who by 4 years the rate cuts in the $2 tril- surance and health care for laid-off are mostly likely to spend it imme- lion tax cut enacted earlier this year. workers, tax cuts for individuals and diately. Speeding up the rate cuts would cost businesses, and investments in our Our plan provides tax rebates for the $121 billion over 10 years. That homeland security. It does all of these 45 million low-income taxpayers who amounts to 69 percent of the total cost things in a way that is fiscally respon- pay Federal payroll taxes but got little of their plan. sible and fundamentally fair. I would or no rebate at all last summer. And what would Americans get for like to take a moment and outline the Our plan also includes new business their $121 billion? Most would get very four key components of our plan. new tax cuts to encourage job creation little. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11739 But the top 1 percent of taxpayers— collection of leftover tax breaks that bipartisan efforts of Congress to develop an people making an average of $1.1 mil- our friends on the other side of the economic stimulus package. On October 4, lion a year—would get an additional aisle weren’t able to pass last spring. we sent you a list of policy options to con- Reading their plan, it’s as though sider in developing your final plan. We are $16,000 tax cut next year. They would updating our recommendations to reflect the get additional tax cuts the year after September 11 never happened. They recently clarified size and focus of the op- that, and the year after that, and the have re-labeled these tax breaks as, tions you are considering. Our recommenda- year after that. ‘‘stimulus,’’ but they are really just tions also reflect the further deterioration of In total, over the next 4 years, the more of the same pre-September 11 tax states’ fiscal positions as detailed in the Senate Republican plan would give a cut agenda that we have heard our Re- ‘‘economy.com’’ report sent to your earlier $52,000 tax cut bonus to every million- publican colleagues talk about for this week. With respect to our fiscal position, most aire in America—the very people who months, if not years. states have made a series of spending cuts. are least likely to spend it and help the Tax cuts for wealthy Americans and Many are now implementing a second round economy. profitable businesses do not solve every and in some cases a third. A number of states America needs a plan that will help problem—and they will not solve this now have revenue shortfalls in excess of $1 the economy now, not years from now. one. billion and many are scheduling special leg- We need a plan that puts money in the The Republican plan is not about get- islative sessions to address mounting fiscal hands of people who need it most, not ting the most stimulus per dollar problems. The cumulative states’ current the people who need it least. spent. It is not about getting help to revenue shortfall is $10 billion and growing. Moreover, new and unprecedented state re- I have yet to understand how giving those who most need it. It is not about sponsibilities for homeland security are ex- millionaires tens of thousands of dol- strengthening our national security. It acerbating serious fiscal conditions. lars in additional tax breaks 3 and 4 is about ideology. The House economic stimulus bill, if en- years from now will stimulate the It is about seizing on a moment of acted, would further educe state revenues by economy today. crisis in order to advance unrelated po- at least $5 billion annually. This revenue re- The second-largest part of the Senate litical goals. It is driven by a conserv- duction would dramatically increase existing Republican plan would spend $22 billion ative Republican orthodoxy that is so state shortfalls and result in significant state budget cuts. These cuts, in turn, would to repeal the corporate alternative rigid, and so myopic, that it cannot or hamper the effectiveness of any federal stim- minimum tax, or AMT. will not see what is obvious to every ulus package. Similarly, absent any changes The corporate AMT was enacted as fair-minded observer: this is the wrong in the Health Insurance Portability and Ac- part of the Tax Reform Act of 1986 be- plan for America, especially at this countability Act (HIPAA) or new federal cause certain corporations, using le- moment in our history. funding for HIPAA implementation in state- gions of tax lawyers, had become so I will say one thing for this approach: administered programs, states will have lit- clever at exploiting loopholes in the it has managed to achieve a degree of tle choice but to divert scarce funds to com- unanimity. It has been unanimously ply with this federal mandate. This means tax code that they were able to pay no that significantly less state funds will be taxes at all. rejected by economists, Governors, available of reduction, critical state serv- So Congress said to those corpora- State legislators, editorial writers, and ices, capital investment, infrastructure im- tions: regardless of how many loop- business leaders. provement, and additional efforts to respond holes you can exploit, you must pay at Two weeks ago, Senator LOTT and I to bioterrorism and other threats to home- least a minimum tax. received a letter from the National land security. Now Republicans want to do away Governors’ Association, signed by its Specifically, the Governors offer the fol- with the minimum tax, forever. How Chairman, Governor John Engler, Re- lowing recommendations to Congress in the attached documents to help protect health will returning to the days when certain publican of Michigan, and its Vice- and human services of vulnerable Americans, profitable corporations paid no taxes at chairman, Governor Paul Patton, Dem- address employment and training for dis- all stimulate our economy now? ocrat of Kentucky. The NGA is a ma- located workers, and stimulate the national Small businesses create most of the jority Republican group that rep- economy through targeted capital invest- new jobs in America, and most of them resents all of America’s governors—29 ment. are not incorporated. So they won’t get Republicans and 19 Democrats, and 2 Congress has many difficult tasks to com- a penny from repealing the corporate Independents. plete before recessing for the year. As a bi- The Governors asked us, as we con- partisan group of government leaders, the AMT. Governors look forward to working with you. If this proposal does not seem fair or sider economic stimulus, to ‘‘help pro- Sincerely, stimulative, that is because it is not. tect health and human services for vul- JOHN ENGLER, What is perhaps even more troubling nerable Americans, address employ- Chairman. about the Republican approach is what ment and training for dislocated work- PAUL E. PATTON, it fails to address. ers, and stimulate the national econ- Vice Chairman. The Republican plan provides next to omy through targeted capital invest- PROTECTIONS FOR VULNERABLE AMERICANS nothing for workers who have lost ment.’’ Temporary Increase in Medicaid FMAP for their jobs. And it provides nothing at Interestingly, they make no mention children and Families.—Congress should all for homeland security. of huge new tax breaks for profitable temporarily increase the federal medical as- When you read their plan for the first corporations. No mention of huge new sistance percentage (FMAP) in Medicaid by time, you assume it is missing a page. tax breaks for the wealthiest Ameri- 10 percent for acute care services for families and children. The territories should receive Not a dime for bioterrorism prepared- cans. comparable relief. This will lessen the pres- ness? Not a nickel for food safety or for Republican leaders got this letter. sure on states and territories to cut Med- security at our nuclear plants? Can Sadly, I don’t think they got the mes- icaid health care benefits or reduce the num- this really be a plan to restore con- sage. ber of people served. fidence and stimulate the economy? Mr. President, I ask unanimous con- Medicaid FMAP Hold Harmless Provi- Evidently, these items weren’t omit- sent that this letter be printed in the sion.—Congress should provide a ‘‘hold harm- ted because of cost concerns. Quite the RECORD. less’’ provision for states that were sched- There being no objection, the letter uled to have their Medicaid FMAP reduced contrary. The Republican plan is more for fiscal 2002. These reduced rates were than twice the size of our plan. And the was ordered to be printed in the based on outdated per capita income data exploding price tag of the Senate Re- RECORD, as follows: collected at a time when state and federal publican plan—$175 billion over 10 NATIONAL GOVERNORS ASSOCIATION, economics were in much better health. years—may not even account for its Washington, DC, October 25, 2001. TANF Supplemental.—The Governors con- true cost. Hon. THOMAS A. DASCHLE, tinue to urge Congress to approve a one-year It will not make America safer. It Majority Leader, U.S. Senate, extension of supplemental grants under the will not help the economy. In fact, it Washington, DC. Temporary Assistance to Needy Families Hon. TRENT LOTT, program (TANF). Without an extension of may do real economic harm by driving Minority Leader, U.S. Senate, the TANF supplemental grants this year, 17 up long-term interest rates. Washington, DC states will face a substantial cut in funding Now, if the Republican plan sounds DEAR SENATOR DASCHLE AND SENATOR for programs that assist families in moving familiar, that is because it is. It is a LOTT: The nation’s Governors appreciate the from welfare to work. S11740 CONGRESSIONAL RECORD — SENATE November 14, 2001 Health Care for Dislocated Workers.—As Their plan costs more but does less among us should not be asking what’s Congress considers proposals to assist dis- for our economy, less for laid off work- in it for them. located workers in gaining access to health ers, and nothing for homeland security. Those workers I met in Rapid City insurance, Congress must recognize that I hope every Senator will ask himself aren’t looking to us to solve all of their states will not have available funds for any new matching requirements or options. or herself a simple question: Would my problems. They are just looking for a constituents want their Social Secu- little help to get through one of the EMPLOYMENT AND TRAINING FOR DISLOCATED rity and Medicare money to be spent WORKERS most difficult times of their lives. on this proposal? It may be difficult for us to reach Expansion of Eligibility for Unemployment Benefits.—By temporarily modifying exist- Democrats have tried to write our agreement, but for them—and for our ing Disaster Unemployment Assistance package with this concern in mind. We nation—it is vitally important that we (DUA) eligibility requirements, the DUA pro- think the American people want us to do so. gram (already in operation or on ready invest in bioterrorism preparedness, for I strongly believe that with every standby in all states) could be used only to example. challenge comes an opportunity, and provide Unemployment Insurance (UI) equiv- But would Americans want their So- right now we have an opportunity to alent benefits to individuals affected by de- cial Security payroll tax money spent help those who are hurting, lift our clared disasters, but also to those affected by on new tax cuts for the wealthy or on economy, and secure our Nation. resulting economic contraction. These UI- equivalent benefits would be particularly huge permanent new tax breaks for We will be judged on whether we beneficial for those who do not qualify for UI profitable corporations? I don’t think seize it. benefits due to insufficient duration of em- so. I hope and pray that we will. ployment or level of earnings. In fact, it seems especially unjust I yield the floor. Extension of Unemployment Benefits.— when you consider that Americans at f Congress also should temporarily extend the the lower end of the income scale pay EXTENSION OF MORNING duration of regular UI benefits through 100 payroll taxes on every dollar of their BUSINESS percent federal funding to ensure that unem- income. Meanwhile, wealthy Ameri- ployed workers can secure employment prior cans pay zero in Social Security pay- Mr. REID. Mr. President, if the Sen- to the termination of UI benefits. ator will yield, I ask unanimous con- Acceleration of Reed Act Distributions.— roll taxes on all income above $80,000. Congress should accelerate distribution to In other words, the Republican plan sent that morning business be extended state accounts of excess funds (as defined by would spend the hard-earned Social Se- until 11:30 and that the time be divided the Reed Act) being held in the Federal Un- curity payroll tax dollars of ordinary equally between the Democrats and Re- employment Trust Fund. This could be workers at the bottom and use them to publicans. achieved by retaining the 0.25 percent ceiling pay for tax cuts for corporations and The ACTING PRESIDENT pro tem- on the Federal Unemployment Account. The people at the top. pore. Is there objection? immediate transfer of an estimated $9.3 bil- We have been told that Senate Re- Mr. BAUCUS. Mr. President, what is lion can be used by states only for providing the parliamentary position? UI benefits, employment services, and pro- publicans will attempt to raise a budg- gram administration. et point of order against this bill. The ACTING PRESIDENT pro tem- Increase Funding for Dislocated Workers Let me make clear what that means. pore. Morning business is to last until Employment and Job Training Services.— A budget point of order is a procedural 11:15 with no division of time. Fiscal 2001 funds for this Workforce Invest- technicality aimed at killing this bill Mr. BAUCUS. Mr. President, I see ment Act (WIA) programs were rescinded by by saying that what our nation is now that the Senator from Texas wishes to $177.5 million, while the President’s proposed facing is not an emergency. speak. fiscal 2002 budget requests a reduction of $207 A vote for this procedural motion is The ACTING PRESIDENT pro tem- million. Congress should restore these funds. a vote to kill unemployment insurance pore. The Senator from Kentucky has STIMULATE THE ECONOMY THROUGH CAPITAL for laid off workers. the floor. INVESTMENT It is a vote to kill health care for Mr. BUNNING. Mr. President, there State Match.—Temporarily reduce or struggling families. is no objection to the request. eliminate state match requirements for cap- Mr. GRAMM. Mr. President, is there ital investment programs. It is a vote to kill tax cuts for busi- Federal Investment.—Increase federal nesses that create jobs and for people a unanimous consent request pending? funding for infrastructure investment crit- who did not get a rebate in the last The ACTING PRESIDENT pro tem- ical to homeland security. round. pore. Yes, there is. Private Activity Volume Cap.—Lift the It is a vote to kill funding to build Mr. GRAMM. Mr. President, could it private activity volume cap, which would ac- our national pharmaceutical stockpile, be repeated? celerate housing and economic development security at our nuclear power plants, Mr. REID. Mr. President, we have construction activities. protections for our bridges, tunnels, morning business now until 11:15. The Mr. DASCHLE. Mr. President, there and ports, and the safety of our food leader used his leader time, and I asked is another important point that must and water supply. unanimous consent that morning busi- be made today. Five months ago, when This is a vote to kill all of these ness be extended until 11:30 with the we last considered a huge tax cut that items by saying that this is not an time to be equally divided between Re- mostly benefitted the wealthiest Amer- emergency. publicans and Democrats. icans, the money to pay for it was to Thousands of people have lost their Mr. GRAMM. Mr. President, I would come from the non-Social Security sur- lives. Millions of people are out of like to amend that. I don’t know who plus. work. We are at war abroad, and we are else will come to speak. I would like to Today those surpluses are gone. So facing threats to our safety here at amend that to say I will be recognized whatever is spent on this stimulus home. to follow the Senator from Kentucky, package will, at least over the next 5 If that’s not an emergency, I don’t if no one else is here. years, come mainly out of Social Secu- know what is. Mr. BAUCUS. I object. rity and Medicare funds. We may even There is still time for us to come to- Mr. REID. Mr. President, what we return to deficit spending, if we are not gether and pass an economic recovery have tried to do—as I explained to Sen- careful. That is why we must be even plan that will work for the nation. ator BUNNING this morning—is, until more prudent, and more vigilant, about In the days since September 11, we there is some reason not to do so, we what is included in this economic re- have seen more clearly than ever that would alternate back and forth. I covery package. we are indeed one nation, indivisible. would also think it would be appro- The Democratic plan has a one-year The victims of those attacks were priate that Senators speaking during cost of $74 billion. Over 10 years, its from all races and ethnicities, all seg- morning business be limited to 10 min- cost increases to $84 billion. As I said, ments of society. utes each. I do not know how long the the Republican plan costs $89 billion in The heroes who came to their aid Senator from Kentucky wishes to 2002. Over 10 years, it explodes to $175 didn’t ask, What’s in it for me? speak. billion—and it runs the risk of dam- As we look to lift up the economy for Mr. BUNNING. I have a little more aging our long-term economic health. all Americans, the most fortunate than 10 minutes. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11741 Mr. REID. I am sure the Senator To make things worse, September 11 I don’t think anyone in this body could get that. compounded our problems. It made really believes that by trying to cut So anyway, Mr. President, my re- consumers more nervous and investors business taxes and create jobs we are quest is that we extend morning busi- more anxious. It pushed a number of really helping rich people. The Amer- ness until 11:30, and the time be equal- vital industries—airlines and transpor- ican people don’t buy those class war- ly divided between Democrats and Re- tation, investment companies, and fare arguments, and they are a lot publicans. tourism—to the edge of the cliff, and smarter than many in Congress give Mr. GRAMM. Reserving the right to some over the edge. them credit. There is a world of busi- object, if the chairman would like to Congress has already acted quickly ness between cutting taxes on rich in- speak after the Senator from Ken- to help the airlines and to shore up dividuals and cutting taxes on business tucky, that would be fine. Having come parts of our economy that were badly that create jobs and help families put over and having listened to the major- wounded by September 11. Now we need food on their table. There is nothing ity leader’s speech, I would like to be to figure out what we can do to set better than giving a job to somebody sure that somewhere within that time consumers’ and investors’ minds at who really wants to work. I get an opportunity to speak. ease and to help convince them that As our economy grew over the past Mr. REID. I say to my friend from even though we are at war, it is time to decade, as middle-class Americans in- Texas, I know Senator BUNNING has get going with our lives and our busi- vested in the market and watched their been here all morning. He was here ness. savings grow, more and more we came when I arrived this morning before I believe that we must act quickly, to understand that what is good for 10:30. When he completes his com- but we must act correctly. The wrong business in America is good for the ments, I do not know if the chairman economic package could make things American people and the American wishes to speak. worse. worker. In the past, when the economy Mr. BAUCUS. Mr. President, perhaps The best way I know to create jobs is took a turn for the worse, Congress too to provide incentives to business to I can help matters out. I see three often took the easy way out. Instead of grow and to expand. And the best way speakers who wish to speak. pushing for tax reductions and pro- I know to convince business to get Mr. REID. I think maybe what we moting growth, we went for the public moving is taking in the language they should do is extend the morning busi- checkbook and tried to buy our way understand: dollars and cents. The dol- ness time until 11:45, with Senator out of recession with more Government lars and cents that every businessman BUNNING having 15 minutes, Senator spending. But considering how quickly and businesswoman in America knows BAUCUS having 15 minutes, and Senator our budget surplus is shrinking. It best is taxes. GRAMM having 15 minutes. We need to cut taxes on business doesn’t make any sense to write checks Mr. BAUCUS. That is fine. now, and not just nickel and dime that the Treasury might not be able to The PRESIDING OFFICER (Mr. NEL- stuff. We need real tax reductions that pay without going into debt once SON of Florida). Is there objection? will have a broad impact across the again. Without objection, it is so ordered. economy and send a signal to the en- More than anything else, we must The PRESIDING OFFICER. The Sen- tire business community that Wash- not return to the bad old days of Fed- ator from Kentucky. ington understands their problems and eral deficits and stagnant growth. It f is going to do everything possible to may feel good for Congress to pass ECONOMIC STIMULUS help. more spending as a gesture to show It is not time to pick or choose with ‘‘we care,’’ but everyone knows that in Mr. BUNNING. Mr. President, I rise help for just a few industries. Our the long-run the Government doesn’t in support of a strong economic stim- whole economy is hurting, and we need create jobs—business does—and caring ulus package to help create jobs and to general relief across the board. means we have a job for anyone who kick-start our economy. Right now, I I know that every time we have this wants to work. don’t think there is a doubt in anyone’s debate the opponents of tax cuts, like More spending might help for a little mind that we have fallen into a reces- our majority leader, shake their fists bit, but I worry that it would just be a sion. and point their fingers and cry out that band-aid approach when our economy Consumer confidence is down. Lay- tax cuts only benefit the rich. After needs serious, long-term treatment. offs are up. Economic activity has awhile, they start to sound like a bro- Extra spending on public works is slowed dramatically. After years of ken record. What the opponents of tax sometimes necessary, but it is not a economic good times, we are skidding cuts in an economic jobs package need long-term solution to our economic into a sharp downturn. to understand is that these tax cuts are problem. It is only a temporary fix. Before the horrific terrorist attacks for businesses—and not corporate ex- And no one has ever accused Govern- on September 11, our economy was al- ecutives. No one seriously thinks and ment spending, and money for projects ready teetering on the brink. But that talks about helping rich people and funded through Government programs, day sent us over the edge. In the third hurting poor people. of getting into the economy faster than quarter, gross domestic product ended The question is how we can best act tax cuts that would right now put up actually shrinking by an estimated to spur business right now to create money into the hands of private entre- four-tenths of 1 percent. When the re- real, long-term, permanent jobs. We preneurs. vised figures come out, I am afraid that have all heard from our people back In short, Mr. President, the best way number will fall even further down, home—the experts who are out there to get our economy back on track is to maybe a full percentage point. everyday trying to brow their busi- cut taxes. I think there is a chance that the nesses and to expand their companies— Reducing taxes frees capital. It lets fourth quarter could be worse and we about the real, broad-based tax cuts business react swiftly to market condi- could see GDP contraction of minus 2 that can make a difference. tions and to make crucial decisions or 3 percentage points, plus unemploy- We need to cut corporate AMT taxes, quickly. And it affects the bottom line ment rising from 5.4 percent—which it the punitive tax goes out of its way to right now. is now—to well over 6 percent. In other punish enterprising employers, particu- I do not think I am plowing any new words we have hit the wall. larly those who are losing their shirt in ground here. Now we have to ask: What is the best this economy. Companies need better We have heard a lot of these argu- way to get America moving again. expensing rules and accelerated depre- ments before. But I can’t remember a That is the issue confronting the Sen- ciation schedules so they can write off time when the debate was as important ate. Do we try to cut taxes and provide costs faster and free up their capital as it is now. for efficient, long-term growth that for investment and more job creation. We are at war. Our economy needs will create jobs or do we go for more And we need to slash capital gains help. It is time to act now and to act Federal spending and a short-term ap- taxes so that money can flow more swiftly. proach, as the majority leader sug- quickly to businesses that are ready to I urge my colleagues to pass an eco- gested? invest and spend now. nomic jobs bill now, one that really S11742 CONGRESSIONAL RECORD — SENATE November 14, 2001 does what it’s meant to do—create then there is a safety valve for getting In contrast, the budget resolution jobs. the legislation enacted. made room for a smaller stimulus in I yield the floor. The safety valve is simple. Congress fiscal year 2002 because there was an The PRESIDING OFFICER. The Sen- must include language in the legisla- expectation that we would not need as ator from Montana. tion which designates that the legisla- much. It allowed approximately $50 bil- Mr. BAUCUS. Mr. President, I under- tion is being enacted to cope with an lion for tax cuts in fiscal year 2002 as stand that later in the day a point of emergency. Then the points of order part of the President’s 10-year tax cut order will be made against the bill enforcing the revenue floor and spend- plan. That was part of the deal, part of under section 205 of the concurrent res- ing ceilings become inoperative. the understanding. That is what the olution on the budget for fiscal year That makes sense. In an emergency, expectations were. 2001. The essence of the point of order for the good of the country, we may It allowed an additional stimulative will be to challenge the emergency des- need to respond in a way that was not tax cut of $15 billion in fiscal year 2002, ignation contained in section 908 of the contemplated when we wrote the budg- but the $65 billion total was smaller bill. et resolution. But there is one final than the $85 billion allowed for fiscal I am not sure whether that is the cor- hurdle to face. In the Senate, the lan- year 2001 because it was judged that rect ruling. It is debatable. But my ex- guage in the bill that designates the more than that was not needed, and pectation is the Parliamentarian will legislation as an emergency is itself that was because no one expected the rule that the bill is subject to the subject to a point of order. If the point economy to be really weak in fiscal Budget Act for that reason. of order is raised and there are not 60 year 2002. My view, however, is that the point votes to waive it, then the language That was then. This is now. Unfortu- of order should be waived. Why? Be- designating the legislation as an emer- nately, as we moved through the sum- cause the bill clearly responds to an gency is deleted from the bill. mer into September, there was a sur- emergency. Indeed, my good friend This is very serious because without prise. The economy became much from Kentucky just said: We are at the emergency designation in the bill, weaker than anyone had predicted. war. He said: Let’s get moving now. the entire bill would be subject to a Manufacturing continued to lose jobs. Let’s pass a good stimulus bill. point of order that can only be waived By the end of August, manufacturing I don’t want to put words in the by 60 votes. In that case, the entire bill had lost jobs for 13 consecutive mouth of my friend from Kentucky, can be killed with the votes of only 41 months. but certainly he believes—and the rest Senators. So it is important to keep Real GDP growth was almost zero in of the Members of this body believe— the emergency designation in the legis- the second calendar quarter of this that there is a very great need for us to lation. year. Many taxpayers were saving part act extremely quickly. We also know Having presented the background, let or all of their tax rebates that went that many people are in very difficult me explain how the budget process un- out last summer rather than spending straits, not to mention the huge trag- folded this year. The budget resolution them. They are starting to tighten up, edy of the thousands of people who for this year, fiscal year 2002, was con- getting more nervous, fearful, not were killed in the trade towers which sidered in the spring, many months spending, and that clearly means a were destroyed, the Pentagon destruc- ago. It was passed in early May. We weaker economy. tion, the anthrax scares, other ter- voted on it in this body. At that time The Federal Reserve was still cutting rorism scares in the country. We need the economy was not too strong, but it interest rates, but that seemed like it to move quickly. If that is not an did not appear to be facing an emer- might not be enough to turn the econ- emergency, I am hard pressed to say gency. The economy had grown at a omy around. And then disaster struck. what is. There may be other emer- rate of 1.9 percent in the fourth quarter It is not necessary to recount the hor- gencies that are even greater. I will not of the previous year, calendar year rors of September 11, but it is impor- dispute that point. But this clearly is 2000. It grew at a slower rate, 1.2 per- tant to talk about what the events of an emergency, too. These are not ordi- cent, in the first quarter of 2001. These September 11 did to the economy. Here nary times. We are in a different era. It are somewhat weak growth rates, but are some of the main results: is very difficult. they are not terrible ones. Airline travel declined precipitously. Let me provide a bit of information. Manufacturing was hurting. May was Airlines laid off thousands of employ- When legislation is considered in the the 10th consecutive month of job loss ees post-September 11. Industries that Senate, there are very strict rules to in manufacturing, but the national un- depend on air travel—such as hotels enforce budgetary discipline, as there employment rate was still only 4.2 per- and car rentals—also declined precipi- should be. The embodiment of these cent. American consumers were not in tously. They dropped off. Business con- rules is the annual budget resolution a downturn. Retail sales had grown at fidence was shaken. Businesses cut which is debated every spring. We have a 5.2-percent rate in the first quarter of back on investments even more than updates and so forth, but essentially this year and were continuing to grow they had been doing. Consumer con- we have a long debate on the budget at the same rate, 5.2 percent, in the fidence began to drop precipitously, resolution. The debate allows the Con- second quarter this year. threatening consumer spending, which gress to look at all of its needs—taxes So the view at the time, at the time had been one bright spot in the econ- and spending—and construct a budget the budget resolution was passed, was omy. blueprint for the coming year. It is a that the economy needed a boost in fis- The results of all those blows to the guess, an anticipation, an estimate of cal year 2001, which ended on October 1, economy became very clear when the what we will need for the coming year. but the economy should be doing nicely unemployment figures for October were The budget resolution sets a floor for as we progressed through the first two released early this month. Unemploy- revenues and ceilings for spending. And quarters of fiscal year 2002. It needed a ment jumped from 4.9 percent to 5.4 there are points of order that can be short-term boost. But most of us percent. That is the largest jump in made against any legislation which re- thought—the economists thought, more than 20 years. Manufacturing fell duces the revenues below the floor or most people who spend their lives to levels last seen in 1965. increases spending above one of the thinking about these things thought— Now, non-manufacturing also took a ceilings. that in the first two quarters of next hit. The slowdown in non-manufac- These points of order can only be year, January through the end of June, turing industries was the most dra- waived with 60 votes. That is how the we would be doing a little better. matic since the inception of a key re- budget resolution is enforced. But, The budget resolution that we passed port by the National Association of wisely, there is a safety valve. We can- last May made room for an $85 billion Purchase Managers in 1997. not with certainty predict the future. tax cut during the remainder of fiscal Agriculture producers are hurting Thank goodness. If Congress and the year 2001. This meant there were no 60- too. Net farm business income was at President agree that there is an unfore- vote points of order that could be the year low in 1999 and 2000. Unless seen emergency that requires legisla- raised against a bill containing an $85 Government assistance is continued, tion that cuts taxes or raises spending, billion tax cut in that fiscal year. net farm income in 2001 is projected to November 14, 2001 CONGRESSIONAL RECORD — SENATE S11743 be even lower. The most acute prob- simply wish to make the following the only people who have income or lems are faced by farmers whose oper- points: wealth are people who are born with it. ations have been hit by floods, drought, First of all, I do believe the American In fact, everywhere, every day, in every tornadoes, and other natural disasters. people have been proud of the fact that, city and town in America, we see ordi- So that is why we are here today. since September 11, we have had a level nary people who become extraor- Clearly, our economy is in an emer- of bipartisanship in Congress that we dinarily successful. Why that ought to gency situation. It needs emergency have not had in a very long time. I be a point of conflict I do not under- help. Both parties agree that we need think it is a natural thing. I think the stand. some combination of tax cuts and American people should expect us to There has been a lot of discussion spending increases right now to try to come together in a period of crisis, and about the elements of the Senate bill. invigorate the economy. This is an im- I think they have a right to be dis- Great sport has been made about provi- portant point. We are elected to serve appointed when we don’t. sions of turning chicken manure into our people, to make judgments—the Most of the legislation we have done energy. I thought that was a bad idea best judgments on the best information to this point has been bipartisan. We when it was first debated, and I still that we have, given all the facts we can have had a few sticking points along don’t think it is a very good idea. lay our hands on. We have to do it re- the way. We are in conference today on We are trying to pass a farm bill to sponsibly, with integrity, and we have airport security. The President would pay farmers $5 billion of additional to do it with due consideration and like to have the flexibility to use Gov- money not to grow because of over- thoughtfulness. ernment employees where it makes production, and in the stimulus bill be- Remember, budget projections are sense, to set Federal standards and use fore us we are paying people $150 mil- merely estimates as to what the future private contractors where it makes lion not to convert agricultural land to will hold for us, even though we have sense. Some people have said if you are other uses. On the one hand, we pay virtually no idea of what, in fact, is going to do it, you have to use 100-per- them not to produce, and then on the going to be happening 2, 3, 4, 5 years cent Government employees. They say other hand, we pay them to keep land from now. These budget estimates, pre- Government employees are more reli- in production. None of that seems to make any sense to me. pared by the CBO and OMB, swing dra- able. Critics say that, with Govern- Rather than getting into all the de- matically over very short periods of ment employees, you can’t fire them; tails, I will talk about what a stimulus you can’t provide incentive pay; you time—just little changes in projected package is, and I am not going to try can’t reward excellence. It is a lengthy inflation, growth, and unemployment to appeal to authority, I am going to debate. have huge effects on the 10-year esti- try to appeal to logic. My own opinion is that when in mates. It is the best we can do given When I was a boy studying econom- doubt in a period of crisis, you ought to the information we have. ics, economists believed in a set of Given all of that, I urge my col- give the President the benefit of the principles. They reached those conclu- leagues not to be too hung up on tech- doubt. I hope we will adopt that bill sions based on the study of history and, nicalities, on provisions that are in the and give him the flexibility to use Gov- by and large, economists would nor- Budget Act. They are very good. Those ernment employees where he thinks mally agree on certain things. Today provisions should be there, but we have they will work best, and to use private economists are like lawyers: You just to exercise our judgment as to whether contractors under Federal standards hire one, and they give you the opinion those provisions should be enforced where they would work best. It is easy you want, and they give you the best now or not. to impugn partisan motives to people justification they can to do it, just as The world is watching us to see what in that debate, but I do not think it is a good lawyer who is appointed by the we do in this situation—those very helpful. court to defend a killer makes the best businesspeople in the markets over- I have to say the majority leader defense he can make for the guy be- seas. If we do too little, they are going gave a lengthy discussion about the tax cause it is his job, even though he to say America is not standing up. cuts for the rich in the House plan. It knows the man is guilty. I think there is a fair expectation is a funny thing; I guess if you went all Today you can hire economists to that our economy will continue to over the world today and listened to say whatever you want them to say sink, or that it will not be picked up as legislative bodies debate, we would and make the most outrageous argu- much as it could. That is a point made probably be the only great legislative ment imaginable. You can find some- by all the people I have talked to— body in the world, and maybe the only body who will do it, either because economists and CEOs across the coun- body in the world, that is still engaged they have a political agenda or because try—about what is the proper stimulus in class conflict. It was rejected in the they have their own economic agenda. package. I urge us to exercise our inde- Soviet Union. It has been rejected in Let me talk about stimulus from the pendent judgment as the right thing to the Third World. point of view of logic, and just see if do. Our whole history is living proof that what I have to say makes any sense. Mr. President, my time has about ex- in America you give ordinary people First of all, if you want to stimulate pired. extraordinary opportunities and they the economy and you have a relatively The PRESIDING OFFICER. The Sen- do extraordinary things and they get small amount of money, you have op- ator’s time has expired. rich as a result of it, and is anybody tions. We have sort of talked about $75 Mr. BAUCUS. I thank the Chair. any worse off because of it? I do not billion or $80 billion here. One option The PRESIDING OFFICER. The Sen- think so. would be just to put it in small bills ator from Texas is recognized for not I have been blessed, as I am sure and fly it over cities and dump it out. to exceed 15 minutes. many of my colleagues have been People could find it and spend it. Is f blessed, to have many different jobs. I that a stimulus? In a sense, one could would guess if I went back to when I say it is. People pick up these $20 bills, GIVING FLEXIBILITY TO THE first got a job throwing a newspaper or they take them and spend them. The PRESIDENT working for Krogers or working for only problem is we took the $20 bills Mr. GRAMM. Mr. President, I came Sam Houston Peanut Company, I may from taxpayers. Are we really any bet- over this morning to urge bipartisan- have had 30 jobs in my life. But nobody ter off as a result of having dropped the ship on the stimulus package—some- poorer than I ever hired me, and I money out of airplanes? I think the thing we have not had in the Senate. I never felt hostile to people who had plain truth is, no. have to say that, while I have deep af- been successful, who had money, who The same thing is true about giving fection for the majority leader, I was were able to invest it and create oppor- tax cuts to people who did not pay any somewhat taken aback by the tone of tunities for people like me. taxes. Quite frankly, I know it is going his speech. I don’t think we are going I do not understand this effort to try to be in the final package and the to benefit ourselves here today by get- to breed hate based on people’s income. President signed on to it in a com- ting into a lengthy debate about the One of the reasons it is so utterly un- promise—negotiating before the nego- stimulus packages that are before us. I fair is that it is not as if in America tiations started in a good will gesture, S11744 CONGRESSIONAL RECORD — SENATE November 14, 2001 which is one of the reasons I love the quicker—there is no question about the It seems to me we agree on providing President, even though I do not always fact that a little bit of money there incentives for investment through ex- agree with what he is agreeing to. produces a substantial economic re- pensing and through accelerated depre- In trying to get this moving, he sponse. ciation. It is in both bills. There has to agreed we were going to give tax cuts I think we should be doing more of be a compromise level. We differ great- to people who did not pay any taxes. that. When people ask what cutting tax ly as to what we really believe will That is like dropping money out of air- rates and accelerating the tax cut has stimulate the economy. The logical planes. I do not think it stimulates the to do with incentives to invest, do they thing to do, it seems to me, is to take economy because we took the money not realize that 80 percent of the in- half of the funds and do it through from taxpayers and are giving it to come tax paid by the top 1 percent of stimulation by lowering marginal tax people who did not pay taxes. taxpayers is paid by small businesses rates to encourage investment, which If we want to stimulate the economy, filing under subchapter S as individ- is what I believe works, and then tak- we have to find a way with the $75 bil- uals? The top tax rate is really a small ing the other half as the Democrats lion to get people to spend not only it business tax rate. When people are say- want to use it and spend it, whether but other things. We get that done by ing the average person in that tax they spend it on infrastructure or finding ways of spending the money bracket will earn $600,000 or $700,000 a whether they spend it in terms of that encourage other people to spend year, that average person is really Joe health benefits. their money. Unfortunately, the other Brown and Son hardware store in Texas In terms of health benefits, it is one people who are spending their money or West Virginia somewhere, and it is thing to help people with health insur- are people who have money and, hence, really their rate about which we are ance, but it is another thing to set up almost any stimulus package that is talking. a bureaucracy that probably would not worth anything could be criticized that I see that as a very important incen- even be in place until the recession was somebody who is wealthy is going to be tive. I have to say when I look at the over. So in terms of spending money on stimulated to invest their money and list of things we are doing, such as giv- health, I think there could be a com- they at least think they are going to ing movie producers and recording art- promise. benefit. ists and authors tax breaks, I would In terms of setting up this bureauc- The point is, America cannot be much prefer lowering the tax that af- racy, I do not think the President saved except at a profit. The fact that fects investment or spending money on would agree with that and I do not somebody will make money based on a highways as compared to that kind of think that could happen. We have to stimulus package is the end objective. expenditure. sit down and work out a compromise. I Let me turn to the whole question of There are two ways we can go about think the Nation wants us to do it. The infrastructure, and then I want to sum a stimulus package. If I could write the sooner we can get on with it, the better stimulus package, I would write it as up before I run out of time. In fact, how much time do I have? off we will be. follows: First, I would have cut the The PRESIDING OFFICER. The Sen- f capital gains tax rate. It does not cost ator has 2 minutes 27 seconds. RESERVATION OF LEADER TIME us anything for 2 years. Our experience Mr. GRAMM. The advantage of infra- with it, beginning at the end of the structure is that by improving infra- The PRESIDING OFFICER. Under Second World War, has been almost structure, private investment can be the previous order, the leadership time uniformly positive. I have argued for it induced. We get the impact not only of is reserved. incessantly. The President decided not building a north/south interstate high- f to propose it because he saw it as po- way system in Texas, which is what we ECONOMIC RECOVERY AND AS- larizing. need—I do not know what they need in SISTANCE FOR AMERICAN WORK- I also believe that making the tax West Virginia, but I know we are way ERS ACT OF 2001 cut permanent would stimulate the behind on highway construction, de- The PRESIDING OFFICER. Under economy and bring stability to the spite the success we have had recently the previous order, the Senate will now economy. It is very destabilizing to in which the Senator has been a leader. resume consideration of H.R. 3090, have a tax cut that is going to dra- But we can get a multiplier effect by which the clerk will report. matically change and, in fact, go away the private sector investing as infra- The bill clerk read as follows: in 9 years. All over America today, peo- structure is improved. ple who could be investing are taking If we are going to use infrastructure A bill (H.R. 3090) to provide tax incentives for economic recovery. $20,000 per child and locking it up in as part of a stimulus package, we have IRAs and in gifts to their children and to find a way to speed it up because in The PRESIDING OFFICER. The Sen- grandchildren to try to avoid the death the postwar period not much infra- ator from Montana. tax, even though we claim we repealed structure spending ever really got COMMITTEE AMENDMENT, WITHDRAWN it. It is coming back in 9 years. So peo- going until the recession was over. Mr. BAUCUS. On behalf of the Fi- ple who expect to live 9 years are using I will sum up by saying what I think nance Committee, I withdraw the com- up their resources planning for it. we need to do. First of all, I am going mittee amendment. A decision was made that making the to make a point of order against the The PRESIDING OFFICER. Without tax cut permanent would be too pro- pending amendment, not the under- objection, it is so ordered. vocative in a partisan sense, and so lying bill. The point of order is that AMENDMENT NO. 2125 that was not enough. the pending amendment violates the Mr. BAUCUS. Mr. President, I send Senator GRASSLEY put together a budget rules. We decided in the 2001 an amendment to the desk. good package given what we had al- budget that emergency designations The PRESIDING OFFICER. The ready agreed to take off the table. I for non-defense matters were being clerk will report. want to make the point—and I make it abused, and we eliminated them; they The bill clerk read as follows: because Senator BYRD is here. Senator violate the Budget Act. But they are The Senator from Montana [Mr. BAUCUS] Byrd is going to propose some infra- being used in violation of the Budget proposes an amendment numbered 2125. structure spending. It has a disadvan- Act, and therefore there is a 60-vote Mr. BAUCUS. Mr. President, I ask tage and an advantage, but it is one of point of order. unanimous consent that further read- the few proposals that is being made Everyone knows the bill before us is ing of the amendment be dispensed other than those that are targeted in not going to become law. So why not with. the sense of targeting investment, tax make it clear that is the case, so we The PRESIDING OFFICER. Is there cuts. can end these partisan debates that I objection? There is no doubt about the fact that know discourage people back home, Mr. BYRD. Mr. President, reserving accelerated depreciation—allowing and sit down around a table and work the right to object. people to spend so if they buy new cap- up a compromise. Compromise means The PRESIDING OFFICER. The Sen- ital equipment to create jobs or open a some people get some things they want ator from West Virginia reserves the factory they can write off more of it and other people get things they want. right to object. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11745 Mr. BYRD. I ask unanimous consent The same is true for the alternative common defence.’’ It means to provide to be recognized when the Senator bill proposed by the President and/or for the defense of our homeland, as from Montana yields the floor. the minority party. There are not 60 well. ‘‘Provide for the common The PRESIDING OFFICER. Without votes for that either. So I agree very defence.’’ ‘‘Common’’ means common. objection, it is so ordered. much with the main import of the It is everywhere. It is common to all. It Mr. BYRD. Mr. President, I remove point made by the Senator from Texas; doesn’t single out any particular per- my reservation. namely, let us get on with it. Let us sit son, place, territory, or city. It pro- The PRESIDING OFFICER. Without down. Let us start negotiating. vides for the common defence. objection, the reading of the amend- We are doing the country a disservice I continue to read: ment is dispensed with. by continuing a partisan, rhetorical . . . promote the general Welfare— (The text of the amendment is print- harangue, one side against the other. It That doesn’t say promote the welfare ed in today’s RECORD under ‘‘Amend- is something I do not like. It is some- of the rich; it doesn’t say promote the ments Submitted.’’) thing I know most Senators do not welfare of Sophia, WV, my little home- The PRESIDING OFFICER. The Sen- like. I hope the leadership of both bod- town which you can hardly see on a ator from Montana. ies, both the House and the Senate, on map. ‘‘Provide for the common defence, Mr. BAUCUS. Mr. President, I say to both sides of the aisle, find a way for us promote the general Welfare.’’ The my good friend from West Virginia, I to put together negotiations where the Preamble isn’t talking about those intend to speak for only 2 or 3 minutes. leadership of the Finance Committee people who are on welfare rolls. It says Mr. BYRD. The Senator may take and of the House Ways and Means Com- ‘‘promote’’—that means to push for- whatever time he wants. mittee, in conjunction with the White ward, to lift up, to advocate. To ‘‘pro- Mr. BAUCUS. Mr. President, the House, can sit down and put together a mote the general Welfare and secure amendment I have offered makes sev- good, solid economic stimulus package the Blessings of Liberty.’’ eral changes to the bill reported by the quickly so Americans are served in the Aha, that word liberty!—‘‘and secure Finance Committee. It deletes the way they deserve to be. the Blessings of Liberty’’—to whom? rural development provisions in sec- Mr. President, I yield the floor. tions 811 and 815 of the bill. These pro- The PRESIDING OFFICER (Mr. ‘‘. . . to ourselves and our Posterity, do ordain and establish this CONSTITU- visions generated considerable con- REED). Under the previous order, the troversy, with some Senators ques- Senator from West Virginia is recog- TION for the United States of Amer- tioning whether they provided eco- nized. ica.’’ nomic stimulus. I support the provi- Mr. BYRD. Mr. President, I thank Who said this? It says ‘‘do ordain and sions, and I think they are very impor- the Chair. establish this CONSTITUTION....’’ tant to the rural economy, but a simi- Many times my colleagues have seen In speaking of liberty to ourselves, lar set of provisions is being developed me reach into my shirt pocket and pull who is doing the talking? Who is doing as part of a farm bill, and I think it is out the Constitution of the United the talking? Let me tell you who is appropriate to defer to that debate at States. The distinguished whip, the doing the talking. I will start with New that time. majority whip, also carries a copy of Hampshire, Nicholas Gilman and John I note that I have not deleted provi- that Constitution, as do several other Langdon were the signatories for New sions providing agriculture disaster as- Senators on both sides of the aisle. I Hampshire. sistance to farmers and ranchers be- have supplied them with this shirt Next we will take Massachusetts. cause I think they are critical provi- pocket copy. I will refer to it as the Who were the signatories? Rufus King sions of the bill. ‘‘shirt pocket copy.’’ and Nathaniel Gorham. My amendment also incorporates Alexander the Great put foremost, Then what is the next State? Con- three Medicaid provisions which were among all books, among all histories necticut. William Samuel Johnson filed in the committee but we did not and among all literature, ‘‘The Iliad.’’ and—who is that fellow who signed all have time to consider. One proposed Alexander the Great’s copy of ‘‘The those great documents from Con- amendment by Senator BINGAMAN tem- Iliad’’ was referred to as the ‘‘casket necticut? Who was he? Roger Sherman, porarily increases the caps for States copy.’’ He slept with ‘‘The Iliad’’ under Connecticut. with extremely low disproportionate his pillow. What is the next State? New York. share hospitals. That is the so-called I do not sleep with the Constitution New York, Alexander Hamilton. Only DSH cap. under my pillow, but I carry it next to had one signator, the great State of The second proposed amendment by my heart, the Constitution of the New York. Senator LINCOLN establishes a 6-month United States. And on down. Those were the men moratorium on changes to the Medi- Now, let’s read for a moment the pre- who signed this document. Immortal? care upper payment limit rules. amble of the Constitution. Those who This Constitution will live as long as The third proposed amendment by have shirt pocket copies, take out your the Earth stands. Immortal document, Senator BREAUX revises and simplifies Constitutions; and those of you who this is, indeed. These are the 39 signers. the transitional medical assistance don’t happen to have a shirt pocket I have just read the preamble to the program. copy, take the Constitution off the Constitution. I have done so because it I also have provisions relating to the desk or the shelf, if it is nearby. adequately and perfectly fits as the taxation of life insurance companies. The Preamble reads as follows: preamble to what I am going to say Senator KERRY proposed a committee WE THE PEOPLE of the United States, in and what I am going to advocate. I am amendment addressing section 809 of Order to form a more perfect Union— going to talk about the homeland de- the code to maintain balance. The Now, the President of the United fense piece of this measure before the amendment I am offering also address- States has said he wants to set a new Senate. Defense; homeland defense. es section 815. tone in Washington: Do away with par- The preamble of the Constitution in- There are also a few other correc- tisanship; do away with all the quib- troduces the preamble, as it were, to tions contained in the amendment. bling, the argumentation, as it were, to that portion of the package which my That is essentially a brief explanation form a more perfect union. That is the staff and I, at the request of the distin- of the amendment I am offering. way I would interpret what he said. guished majority leader, developed for At this point, we are on the bill. I I continue to read from the Preamble this amendment. ‘‘Homeland defense,’’ might say neither side has enough of the Constitution: that is the title of this amendment. votes to pass the bill. The Senator . . . establish Justice, insure domestic ‘‘Homeland’’ defense. Not homeland in- from Texas correctly said we might as Tranquility, provide for the common frastructure. Not homeland pork. But well get to negotiations and get to the defence— ‘‘homeland defense.’’ heart of the matter because the cur- Let me read that again: ‘‘provide for Mr. President, hear me now! Fear has rent bill probably does not have the the common defence.’’ It doesn’t say gripped the American people. It threat- sufficient 60 votes to get it passed and anything about defending ourselves in ens the U.S. economy. I don’t call my enacted. Afghanistan. It says ‘‘provide for the portion of this package a stimulus S11746 CONGRESSIONAL RECORD — SENATE November 14, 2001 package. I am not calling it a ‘‘stim- Metro so that people would ride, hope- elected representatives, give to our ulus’’ although it does help to stimu- fully, into Washington, DC, and shop, people when they ask for bread? Do we late the economy. Anything that puts spend money to stimulate the econ- give them a stone when they ask for confidence back into the hearts and omy. There were the restaurants in safety? What do we give them? A tax minds and pocketbooks and book- Washington, DC, that offered a free cut? keeping ledgers of the American people glass of wine to the people who would The people are looking to their elect- is a stimulus to the economy. But to come to those restaurants. ed leaders for security. What do we those who thought they would see Rob- Now I have just read that the na- give them? ert Byrd bring out a package with a lot tional park entrance fees were to be Do we reject this package which I of infrastructure in it are sorely dis- waived over Veterans Day weekend, shall explain momentarily? Do we re- mayed and disappointed. It ‘‘ain’t’’ which has just passed—for what rea- ject it when the people ask for security here. son? To inspire national unity, na- against anthrax, when they ask for se- Infrastructure is needed in this coun- tional hope, and national healing. curity against possible smallpox try to be sure. If you want something You can see it on Wall Street. Just epidemics? What do we give them? Do that is true stimulus, put $1 billion watch Lou Dobbs. Watch him on tele- we give them a stone? into highways and you will employ vision every day. You can see this fear When the people ask that the loop- 43,000 people. Or put $1 billion into spreading like oil, slowly, slowly—fear. holes be closed along the northern bor- school construction and you will em- You can see it on Wall Street. At one der and the southern border, when they ploy 24,000 people. point, on Monday, November 12, the ask for security from terrorists who But I am not doing that. I was asked day after Armistice Day, Veterans would come across those borders when at first by the majority leader to de- Day, the Dow Jones Industrial Average they are not patrolled; when the people velop some options that would help to dropped 198 points following the news ask for security against terrorists who stimulate the economy. So my staff of a possible terrorist attack on Amer- would slink across the borders, do we and I—I have excellent staff; they are ican Airlines flight 587. We saw the give them a stone? Do we give them a not excelled by anybody anywhere in drop in the Dow Jones after the plane scorpion? Do we give them a serpent? the world. That is what I think of crashed in the streets of Queens, New Do we respond to their cries when they them. My excellent staff and I were York. Wall Street was already trying want safety? What do we give them? asked to prepare some options. We did to recover from the troubling economic We can start to alleviate the con- that. We did a $10 billion option, a $5 news of recent weeks. The Commerce cerns of the American people right billion option, a $20 billion option, a $30 Department reported on October 31 here—today—by addressing those billion option. So we have options all that the economy contracted by .4 per- vulnerabilities the terrorists are seek- over the place. And in more than one of cent between July and September of ing to exploit. them I had infrastructure, something this year, the first quarter of negative My staff and I have crafted a $15 bil- that would provide jobs. growth since 1991—10 years. lion package which would be a first But then something happened. We The Labor Department reported on step in giving back to the American know, because we have read chapter November 2 that the economy shed people a small part of the sense of secu- and verse of the recent history in 415,000 jobs in October, increasing the rity that was blasted away on Sep- which we saw the awesome, terrible, unemployment rate to 5.4 percent from tember 11. horrific picture of two airplanes sailing 4.9 percent in September, the largest A point of order will be made against into the Twin Towers in New York jump since 1980. the package that contains this City. We saw the showers of bricks and Wall Street has been able to shrug off ‘‘bread.’’ Our people ask for bread. mortar falling upon people, upon fire- negative economic news in recent That is a good metaphor when one fighters, upon policemen, upon men months, but traders seem less able to thinks of the security for which people and women and children. And then do so recently. The lingering anthrax are asking us. there came anthrax, a weapon that has scare has spread to victims beyond the A point of order will be made claim- been spread among us. news media and the Federal Govern- ing that there is no emergency. The I haven’t been in my office in the ment. The Attorney General has issued point of order will be made based on Hart Building in weeks. The office is vague yet sobering warnings to the the claim that this $15 billion package closed. My staff people are not in there. American people about anticipated ter- is not an ‘‘emergency.’’ I haven’t read the mail that has been rorist attacks. National Guard troops Hear me now! Keep in mind that a sent to my office in the Hart Building can be seen patrolling the Golden Gate point of order is being lodged against in weeks. There are other Senators Bridge. this homeland defense measure. And, here who can say the same, on both The American people, facing the keep in mind the preamble of the Con- sides of the aisle. fears of a new era, are looking to their stitution of the United States—that Fear has gripped the American peo- elected leaders—you, Mr. President, phrase which says ‘‘provide for the ple, and it threatens the U.S. economy. the Presiding Officer and you, Mr. common defense’’. You can see it. You can see it in the President, at the other end of Pennsyl- The first bit of this graph that I vacant streets of our major cities on vania Avenue—and me and other Mem- point to is that section—that piece of the weekends. Walk the streets of bers of this body and members of other the overall pie chart—which reads Washington on the weekends. You can legislative bodies, looking to their ‘‘Bioterrorism Prevention and Re- see it in the half-full airplanes taking Government for reassurance. Parents sponse.’’ See it? ‘‘Bioterrorism Preven- off from our airports—half full. Some want to hear that their children will be tion and Response—Food Safety, $4 bil- of them not half full. You can see it in safe in their own neighborhoods. Fami- lion.’’ the empty shopping malls less than 2 lies want assurances that it is safe to Ask the one physician in this body, weeks before the start of the holiday take that vacation they had planned the one surgeon. Ask Dr. Frist, Senator shopping season—less than 2 weeks. Go earlier this year. The American people FRIST from Tennessee, if he thinks that to the shopping malls. Go to the na- want assurances that they can open we need $4 billion for bioterrorism pre- tional parks. letters free from worries about biologi- vention and response and food safety. Here is a headline: ‘‘National Park cal weapons. They are looking to their Ask him. He is a renowned physician. I Entrance Fees to be Waived.’’ Aha, you elected leaders for security. know he is a politician, too. So was can go for free. If a son asks his father for bread, will Jesus a great physician. He was a poli- National Park entrance fees to be waived the father give the son a stone? If the tician also. Ask Senator FRIST if this is over Veterans Day weekend to inspire na- son asks for a fish, will the father give ‘‘pork.’’ Ask him if it is ‘‘pork’’ to pro- tional unity, hope, and healing. him a serpent? If the son asks for an vide $4 billion for bioterrorism preven- So we see a repetition of the free egg, will the father give the son a scor- tion and response and food safety. passes, for example, that Metro issued pion? Go back to the Gospel of Luke. We must reassure the American peo- here in the city, and in Northern Vir- The people are asking for ‘‘bread,’’ in ple whether their elected leaders are ginia, free passes that were issued by the form of Security. What do we, as doing all they can to prepare against a November 14, 2001 CONGRESSIONAL RECORD — SENATE S11747 biological or chemical attack. An- thrax left the hospital yesterday after Mr. President, I ask unanimous con- thrax, smallpox, and the plague are no a 25-day stay. sent to have both of these newspaper longer the stuff of fiction but are dead- The high concentration of spores on a sin- articles printed in the RECORD fol- ly realities. gle sorter indicates ‘‘that there is a letter lowing my remarks. My proposal includes $4 billion for like the one sent to Sen. Daschle that has moved through our mail system,’’ Mr. Bou- The PRESIDING OFFICER. Without bioterrorism prevention and response objection, it is so ordered. and food safety. This is money that cher said. ‘‘We are now proceeding to go look at all the mail that we have held up, frozen, (See Exhibit 1.) would primarily be used for upgrading sealed off, in mailrooms in this building, an- State and local lab capacities—get this nexes and around the world.’’ Mr. BYRD. If anthrax can make the now—State and local health depart- public jittery—and we have seen that it There it is. So these funds—$4 bil- ments, for example, in Raleigh County can and has made the public jittery— lion—would also be used to expand the in southern West Virginia, and Sophia, the prospect of smallpox, a contagious Federal pharmaceutical stockpile by WVA, my little town of 1,180 souls. and vicious disease, could incite contracting for the development of 300 Ask the Governors of the States, Re- panic—panic! Funds in this bill, in my million doses of smallpox vaccine to be publicans and Democrats, whether they amendment, will be used to upgrade lab delivered by the end of 2002 to prepare need that money to upgrade State and security at the National Institutes of for a potential outbreak of that dread- local Lab capacities. Ask the mayors Health and at the CDC, and to improve ed disease. throughout the country if they need security at the U.S. Department of Ag- No American has been vaccinated for this. These funds would help local riculture labs, by hiring additional in- smallpox since 1972, and the medical health departments to train emergency spectors for import inspections, food community is debating whether those health responders in recognizing the supply monitoring, and lab equipment. who were vaccinated may still possess symptoms of an incidence of bioter- There you are. rorism, and would enhance the ability any degree of immunity. Now, I was one of those children in Now, the next section of the chart I to diagnose and to treat such illnesses wish to point out is the section de- as anthrax and smallpox. the public schools of West Virginia nominated ‘‘Federal, State, and Local My proposal will also allow State and many decades ago who were vaccinated Antiterrorism Law Enforcement, $3 bil- local governments to plan for a variety for smallpox. That is where I received of emergencies and to upgrade State my vaccination. The scar is still there lion.’’ and local information sharing systems. on my left arm. Federal, State, and local law enforce- Preparation and prevention are crit- Let’s see what this headline says in ment officials have been working ical to waging the war against ter- the Washington Post of Wednesday, around the clock since September 11. rorism that is currently being fought. November 7, 2001. Here it is: ‘‘HHS’’— When it comes to law enforcement and Where? On our home soil. That is get- that is Health and Human Services— homeland defense—remember what the ting pretty close to home, isn’t it, on ‘‘Set to Order Smallpox Vaccine for All preamble said, ‘‘provide for the com- our own soil. We would do well to re- Americans.’’ And it ain’t free. It is not mon defense’’—this is where the rubber member that it was a doctor in Florida free. Let me just read excerpts from meets the road. who had just received training from this story: My package includes $3 billion for the Centers for Disease Control and Health and Human Services Secretary Federal, State, and local antiterrorism Prevention, CDC, who thought to test Tommy G. Thompson said yesterday that he law enforcement. for anthrax when treating the first vic- expects to sign a contract this weekend to Of that $3 billion, this package in- tims of that unusual disease. It is an purchase enough smallpox vaccine for every unusual disease. But it is an old dis- American but that he has warned the White cludes $1 billion for Federal law en- ease. House— forcement antiterrorism investments. Read about it. Read about the 10 Hear him. Hear Tommy Thompson This money would be used to improve plagues of Egypt. Read about the mur- down there at the White House. Hear communications among Federal agen- rain on the cattle, and the boils on him. cies, for the Coast Guard to increase human beings. Go to a dictionary and . . .he has warned the White House the surveillance and improve communica- look up the word ‘‘murrain.’’ It means, cost could be quadruple the $509 million he tions with the Defense Department and for example, anthrax among the cattle, originally estimated—or equivalent to the other civilian terrorist/disaster re- the camels, and other livestock. Look department’s entire $1.9 billion bioterrorism sponse agencies, for the FAA to in- at how old it is. It has been around a budget.... crease the number of safety inspectors long time—thousands of years. The previously announced administration and research on new safety tech- effort to vaccinate all Americans against Here is a headline in today’s paper. I nologies, and for the Drug Enforcement smallpox, a deadly disease that was eradi- Agency, the U.S. Attorneys, the Judici- will read it. cated in the 1970s, took on a renewed sense of State Department Fears— urgency as one of the leading smallpox au- ary, and the U.S. Marshals Service to There is that word ‘‘fear’’ again thorities warned it was conceivable that improve security in courtrooms, for ex- State Department Fears Another Anthrax- former Soviet scientists were helping to ample, camera, x-ray machines and Tainted Letter. ‘‘weaponize’’ the smallpox virus for nations mylar on windows, and provide better What does this say? such as Iran, Iraq, Libya, and North Korea. facilities for police. Well, Cassius was nearsighted. I am These are referred to as ‘‘rogue The remaining $2 billion would be al- not nearsighted, but I do need glasses states.’’ located for State and local law enforce- to read. So here we go. I quote from ‘‘Many [Russian] scientists are really quite ment—again, State and local. Senators this. The title of the article in today’s desperate for money’’— talk with your local mayors. Talk with paper of Wednesday, November 14, 2001, Cicero said: ‘‘There is no fortress your mayors in your home States. Talk is: ‘‘State Department fears another that money cannot buy.’’ with the police departments. See what anthrax-tainted letter.’’ I will just read And here we read a warning by Don- they have to say. a few excerpts from this news story in ald A. Henderson, director of the new The remaining $2 billion would be al- the Washington Times. Office of Public Health Preparedness. located for State and local The State Department said yesterday it is U.S. intelligence indicates that several antiterrorism investments to improve searching worldwide for another anthrax- have been recruited by ‘‘rogue states’’ and the capacity of State and local police tainted letter. were in a position to smuggle out a vial of At least one letter like the one sent the virus ....’’ That’s a very great worry.’’ departments across the Nation to pre- vent and respond to terrorist attacks. to Senate Majority Leader Tom He said: ‘‘Many [Russian] scientists Daschle is packed in with State De- are really quite desperate for money.’’ Municipal officials need billions of dollars—call them on the phone; hear partment mail that was halted last In addition, Henderson said, there is evi- month, said the department’s top dence that the former Soviet Union suc- what they say—municipal officials spokesman, Richard Boucher. ceeded in weaponizing the virus and manu- need billions of dollars for their cities’ Meanwhile, the last of the Wash- facturing up to 100 tons annually at a plant hazardous materials response teams to ington-area survivors of inhalation an- outside Moscow. fully equip their search and rescue S11748 CONGRESSIONAL RECORD — SENATE November 14, 2001 teams and to outfit the law enforce- laid out dealing with our security is who would say it is porkbarrel spend- ment officials who likely will be first not an emergency? ing, I say that one-half, a full 50 per- at the scene of a chemical or biological Mr. BYRD. Yes, that is exactly what cent, would be allocated for bioter- attack. they are going to say. rorism prevention and antiterrorism Remember the day before yesterday? I say to all Senators, a point of order law enforcement; Federal, State, and Who were the first people to go out to is going to be made against this pack- local antiterrorism law enforcement, $3 the scene of the plane crash? That age because those who offer the point billion. wasn’t a chemical or biological attack, of order say it is not an emergency Now as to transportation but it was a sudden and terrible emer- and, therefore, it should be stricken vulnerabilities, much has been done in gency. Who were the first? The police- from the bill. Not an emergency? Let the weeks following the September 11 men, the firemen, the paramedics. them tell that to the Governors of the attacks to improve our transportation Here is a letter addressed to me by country. security. I am not talking about build- the National Governors Association, I continue to read the letter from the ing highways at the moment—to any- addressed to me and my counterpart on National Governors Association: one whose skin might quiver at my use the Appropriations Committee, Sen- Similarly, absent any changes in the of the word ‘‘transportation.’’ This is ator Ted Stevens. In writing to us Health Insurance Portability and Account- transportation security. But each step ability Act (HIPAA) or new federal funding we have taken to plug the holes in our about an economic stimulus package, for HIPAA implementation in state-adminis- this letter from the National Gov- tered programs, states will have little choice transportation security has revealed ernors Association says: but to divert scarce funds to comply with another hole that must be filled. This Our recommendations also reflect the fur- this federal mandate. This means that sig- package includes $2.2 billion to address ther deterioration of states’ fiscal positions nificantly less state funds will be available simultaneously these vulnerabilities. as detailed in the ‘‘economy.com’’ report for education, critical state services, capital Municipal officials need funds to pro- sent to you earlier this week. With respect investment, infrastructure improvement, tect their mass transit system. Of that to our fiscal position,— and additional efforts to respond to bioter- $2.2 billion, this package provides $1.2 rorism and other threats to homeland secu- This is the National Governors Asso- rity. billion for enhanced surveillance of ciation talking now— transit stations and improved emer- Luke said, if the son asks his father most states have made a series of spending for bread, will the father give him a gency response systems. Amtrak requires funding to address cuts. Many are now implementing a second stone? Here are the cities of this land round, and in some cases a third. A number the critical safety vulnerabilities of its asking their elected officials for of states now have revenue shortfalls in ex- facilities, including tunnels. Have you ‘‘bread’’ as it were. Those who make cess of $1 billion and many are scheduling ever gone through a tunnel on a train? the point of order will say: Give them special legislative sessions to address mount- Go to West Virginia. You will travel ing fiscal problems. a stone. Let them eat stones. Let them through several tunnels on Amtrak. have a stone for security. Let them And a Senator will soon make a point But this money that we are talking of order against this to say it is not an have a stone to protect them against a smallpox epidemic; give them a stone! about includes tunnels in and around emergency, that this situation that New York City. It must improve its prevails over this country and about I hope that Senators, when they vote on this point of order, will understand station surveillance. Out of that $2.2 which the National Governors Associa- billion, this package provides $760 mil- tion is writing is not an emergency. that the people back home are going to remember all of us, how we vote when lion for that purpose. The purpose is Tell that to the National Governors this: Amtrak requires funding to ad- Association! the people, when the mayors, when the Governors, when the law enforcement dress the critical safety vulnerabilities I read further from the letter: officers of this country ask for of its facilities, including tunnels in The cumulative states’ current revenue ‘‘bread,’’ when they ask for security, and around New York. shortfall is $10 billion and growing. More- Another $150 million would be used to over, new and unprecedented state respon- when they ask for money to provide se- curity to those little towns and ham- improve the security at our Nation’s sibilities for homeland security are exacer- ports, ferries, and freight rail. This is a bating serious fiscal conditions. lets and cities all across this land, I hope that those who vote for this iniq- recommendation by Senator FRITZ Let me read that sentence again for HOLLINGS. I have been surprised to find those who would say that this is not an uitous point of order, will be remem- bered by the people of this country that only 2 percent of the cargo that emergency. Here is what the Governors comes by sea to our Nation’s ports is say: New and unprecedented—what is come the next election. Let’s talk now about the FEMA fire- inspected and only one-third of the an emergency? Something that is new, fighters program. This package con- cargo that crosses over the boundaries unanticipated? tains $600 million in grants to State by truck is inspected. This package Moreover, new and unprecedented state re- and local communities to expand and finds moneys for addressing these bor- sponsibilities for homeland security are ex- improve firefighting programs through der and these port security needs. acerbating serious fiscal conditions. FEMA firefighting grants. Over 50 per- Airport security. Airports have to re- Tell the Governors, tell the mayors, cent of that funding goes to volunteer spond to the substantial costs of the tell the chiefs of police of the depart- fire departments in rural communities FAA’s new, rigorous security directives ments throughout the land that this is in the countryside, and the volunteer issued since September 11. Airports not an emergency that we are dealing fire department is the first and only need funds to increase the visibility of with and that a point of order should entity available to deal with the crisis. law enforcement personnel for deter- lie against this amendment because it Last year Congress took action to ring, identifying, and responding to po- is not an emergency? begin to address this serious deficiency tential security threats. Additional Mr. REID. May I ask the Senator a by creating a Federal program to pro- staff is needed to conduct security and question? vide direct assistance to fire depart- employee identification checks Mr. BYRD. Yes. I am glad to yield. ments. Administered by the Federal throughout airports. Airports with Mr. REID. I know the Senator from Emergency Management Agency, tighter budgets, particularly smaller West Virginia is a parliamentary ex- FEMA, the Assistance to Firefighters airports in rural areas, are unable to pert on what goes on in the Senate. Did Grant Program received an initial ap- absorb these new costs. This package I hear the Senator right; he has heard, propriation of $100 million. This fund- provides $1.2 billion to hire law en- as I have, that they are going to raise ing was quickly depleted by tremen- forcement personnel to improve protec- a point of order that the homeland de- dous demand. The Agency received tion of secure areas at airports. fense part of the bill is not an emer- more than 31,000 applications, totaling We have read recently a great deal gency? nearly $3 billion in requested funds, al- about postal security. The distin- Mr. BYRD. Not an emergency. most 30 times the amount appro- guished Senator from North Dakota, Mr. REID. Am I hearing the Senator priated. Mr. DORGAN, just a few days ago—last right, that there is going to be a point To those who would say that this week, as a matter of fact—as chairman of order raised that that which he has package is wasteful spending, to those of the Treasury Postal appropriations November 14, 2001 CONGRESSIONAL RECORD — SENATE S11749 subcommittee, conducted hearings and visitors. That is 1 inspector—just 1—for But that day I was slow moving. had the Postal Service people up before every 104,712 foreign nationals who ‘‘Why should I go, I said?’’ ‘‘I will not the subcommittee to testify. It was a cross our borders. be any safer out there than I am in great hearing. The Senator from North Just to make it easy, call it 100,000, here,’’ so I was slow to move. I looked Dakota rendered a tremendous service rounding it. So you have one inspec- out the window on the morning of Sep- to the American people in holding this tor—just one—for every 100,000 foreign tember 11 and watched the smoke rise hearing. nationals who cross our borders. And, from the direction of the Pentagon. Today, the American public and some Senators would make a point of Any Federal building or national land- Postal Service employees find them- order against this package to say that mark in this country could be the next selves the victims of terrorism by mail. it is not an emergency? When our bor- target. This Capitol could be the next The people are afraid to open letters. I ders leak like a sieve, they say that target. used to reach into the mailbox when I this is not an emergency? In October, the CIA received a warn- was hardly tall enough to reach it; I The U.S. Customs Service currently ing from an intelligence service in would reach into the mailbox with glee has the resources to inspect only 2 per- Western Europe about the possibility and pull out a letter. I remember the cent of the cargo arriving by sea. It in- of a terrorist attack on the Three Mile first letter that was written to me spects only about one-third of the Island nuclear facility in Pennsylvania. when I was elected to the House. After truck cargo crossing the southern bor- While the threat later proved not to be I was sworn in as a Member of the der. Almost nothing is more urgent credible, it underscored the breadth of House of Representatives in 1953, the than to quickly move to close these the danger to our homeland—to our first letter that was written to me— hideous gaps in our ability to monitor homeland, America the beautiful. and I would have been 35 years old, so the goods and people who move across The State police and the National that was quite a long time back—came our borders. Guard have stepped up patrols of these from my two daughters, and it carried This package provides $1.1 billion for plants, and the Coast Guard is enforc- on it three 1-cent stamps. We didn’t additional Border Patrol agents and ing new rules barring boats from the have any fear of anthrax in those days. screening facilities, primarily on the waters near any nuclear plant. Like- We used to open the mail with our northern border, and to fully imple- wise, utilities around the country have hearts beating in our chests, with ment database improvement projects. stepped up security at their plants It is not enough that we authorize thankfulness, with expectation—but since the September 11 terrorist at- these additional expenditures in the not expectation concerning a death- tacks, but utility officials admit that antiterrorism bill. It is an empty prom- the Nation’s power grid is just too dealing letter. ise if we fail to provide the resources to People today are afraid to open let- large to be fully protected from wanton back up that authorization. We must ters from distant kin. Suddenly postal attacks. provide the funds, and we must do so workers are confronting attacks from My proposal includes $900 million to quickly. increase security at Federal facilities something much more frightening than The next item on my chart is des- throughout the country, at nuclear the vicious dogs that have long haunt- ignated as Federal computer mod- plants, at our national treasures, such ed the mail routes. A letter from an ernization, $1 billion. There are more unknown source today is reason to call than 40 Federal agencies and tens of as the Washington Monument. Some of 911. America cannot function like this. thousands of Federal workers who are that funding would be directed toward America cannot go on functioning like working together to fight terrorism, enhancing security at State Depart- this. Remember that phrase in the pre- but many of these agencies cannot pass ment facilities. These security pre- amble of the Constitution about the along to each other information on sus- cautions are essential. These are in- ‘‘general welfare’’? America should not pected terrorists. They cannot pass vestments that will have to be made in have to function like this. This pack- that information along. Their com- the future if we are to cope with the age contains $1.1 billion for this. puter systems simply do not work to- continuing threat of terrorism. How much did the administration re- gether. Their computer systems do not Mr. President, over 6 weeks ago, on quest? The Administration requested talk to one another. October 2, an agreement was reached $175 million. That is a drop in the This package provides $1 billion for with the administration so that the bucket. This package contains $1.1 bil- Federal computer system improve- Congress could act expeditiously on the lion to begin to make the security ments so that Federal agencies that fiscal year 2002 appropriations bill. changes necessary to keep the mail participate in our counterterrorism That agreement to limit spending in moving and allow the Postal Service to program can communicate with each the 13 appropriations bills to $686 bil- respond to this and future terrorist at- other and provide more comprehensive lion is being fully implemented. tacks. information about threats and those The Senate has passed this fiscal Now, about the security of our bor- who would carry them out. And, there year appropriations bills on a bipar- ders, to which I alluded a little while are those who would say a point of tisan basis by an average vote of 91 to ago, for border security there is allot- order will lie against this because we 7. That is bipartisan, is it not, an aver- ted $1.1 billion. Our border security is do not have an emergency! Computer age vote of 91 for and 7 against on all dangerously underfunded. We want compatibility is critical to our ability of the appropriations bills that have America to remain always the land of to rapidly assess threats and to re- thus been passed? We lack only one of the free, but we want it also to be pro- spond to them throughout the Nation. the 13 bills, one that has not been tected. Our borders must be secure. Our How about those nuclear power- passed by the Senate. borders leak like a sieve. Try holding plants? How about those electric power We have lived up to our agreement. water in a sieve. Our borders leak like projects? How about those national The Senate has lived up to its agree- a sieve, and the leaking should cause landmarks such as the Washington ment. Republicans and Democrats on us severe alarm. Monument, the Lincoln Memorial, the both sides of the aisle have lived up to The Immigration and Naturalization Statue of Liberty that beckons to peo- this agreement. However, there was no Service conducts some 500 million in- ples from across the sea? We need only agreement to limit our response to the spections at our ports of entry each to look across the Potomac to com- September 11 attacks in the $40 billion year—500 million inspections. Hundreds prehend the threat to our Federal fa- appropriations supplemental passed on of millions of visitors enter the coun- cilities and national landmarks in this September 14. Who could have foreseen try without visas through the visa war on terror. those two planes plowing head on into waiver program, or other legal exemp- I will never forget that day standing the brick and mortar, the cement, the tions. Yet how many inspectors are in my Capitol office. I was one of those steel of those Twin Towers? Is this an there to process these hundreds of mil- slow movers. I will not be slow the next emergency? Who could have foreseen lions of visitors? There are only 4,775 time. The next time those police tell that? Who could have foreseen how the INS inspectors. Yes, you heard me. me to get out of this building, I am world would change? Who could have There are only 4,775 INS inspectors to going, and I will get out of there ahead foreseen the emergency responses that process these hundreds of millions of of the police. would be required? S11750 CONGRESSIONAL RECORD — SENATE November 14, 2001 In the weeks since, the reality of our our word. So far, the Senate has passed to not include the funds contained in post-September 11 world has taken 12 of the 13 bills by an average vote of the homeland defense title of this bill hold, has seized the American psyche. 91 to 7. Each of those bills has been in any calculations of so-called base- We are now faced with security threats consistent with the $686 billion top line spending for fiscal year 2003 and that were not foreseen last month, that line. future years. So I say to the White were not foreseen the month before After the House takes up the defense House, go to sleep, sleep quietly. Sleep last, that were not foreseen and still bill, the Senate will take up a $317 bil- soundly, White House. Let me offer seem unimaginable, the stuff of night- lion defense bill that would also con- this amendment. This amendment will mares. Anthrax appeared like a vam- form with the $686 billion deal. How- wipe away those fears. pire in the night, sapping us of our cus- ever, $40 billion approved by Congress Under this amendment, these home- tomary optimism. The threat of small- on September 14 is clearly not enough land defense funds would not be used to pox may face us for the first time in to respond to the September 11 at- inflate the amount of spending nec- more than 20 years. tacks. essary to maintain current services in Since October 2, the Attorney Gen- Why is $40 billion not enough? The future years. I remind my colleagues, eral has issued another warning about President has proposed that $21 billion without this amendment the Congres- an eminent terrorist attack. of the $40 billion go to DOD, and that sional Budget Office and the Office of That is since October 2. That is since $1.5 billion go to foreign aid programs. Management and Budget would be ex- the letter referring to the agreement The President has proposed less than $9 pected to add over $177 billion—it concerning the top line of $686 billion. billion for New York. would start with $15 billion—to add We have received information about a Hear me, Governor Pataki, hear me! over $177 billion over the next 10 years. possible terrorist attack on the Three The President has proposed less than $9 That is not my intent. That is why I Mile Island nuclear facility in Pennsyl- billion for New York City despite our have an amendment ready. vania since October 2, that letter of promise of $20 billion to New York Let me say to all Senators, this Sen- agreement among the executive and City. That leaves less than $9 billion ator has no hidden agenda in offering legislative branches that the top line for homeland defense, and that is sim- this package, no hidden agenda. I as- would be $686 billion. ply not enough. sure Senators and assure the Senate The National Guard troops have been One cannot make a silk purse out of that the $15 billion in spending con- dispatched to protect the Golden Gate a sow’s ear. One cannot make a violin tained in this bill is not intended to re- Bridge since October 2. out of a cigar box. sult in a permanent increase in spend- The President has given the Amer- That leaves us with a choice of not ing. This spending is intended to ad- ican people a pep talk. God bless him. meeting our commitment to New York dress the clear inadequacy of Federal, He is a nice fellow. I like him. The or not providing for a strong homeland State, and local capabilities to respond President has given the American peo- defense. That is a choice I do not want to a clear and present danger to our ple a pep talk telling them they are to make. That is a choice I will not homeland defense. now living in a different world and urg- make. That simply is not acceptable. I am not interested in playing the ing them to answer a call to war in our That is not living up to our word. That game of baseline bingo. The amend- own land. is not keeping our commitment. That ment I offer would make it clear that And yet, there are those who would is breaking our word. it is a one-time $15 billion expenditure. say this is not an emergency? Yet, we The world has changed. The world I hope a point of order will not be have war, not just in Afghanistan but has changed since Congress approved made. also in our own land. Tell that to the the $40 billion supplemental on Sep- We must have a recrudescence of con- farmer sitting by that cold stove on tember 14. The threat of terrorism is fidence in the determination of our the plains. Tell that to the coal miner no longer theoretical. It is real. When elected officials to recognize terrorist as he emerges from the dark bowels of Congress approved the $40 billion pack- attacks before they happen and take the earth after a hard day’s work. Tell age, we were only beginning to learn of every possible step to minimize them if that to the mother who has children the extent of the damage and the an- they do. The administration has re- she takes to school in her own auto- thrax attacks that had occurred. The sponded to this by advocating addi- mobile. Tell all of these that there is President’s proposal does not provide tional money for bioterrorism preven- no emergency. Tell them that there is sufficient resources for responding to tion and additional National Guard no war going on. the threat of bioterrorism or threats to troops at our Nation’s airports. That is A few days ago, President Bush asked the American food supply. Nor does it necessary, but it is not enough. We the House and Senate leadership and include sufficient resources to protect cannot expect the American people to the Appropriations Committee chair- our Nation’s transportation system for take comfort in our efforts if we only men and ranking members to come to our airports, mass transit, river ports, address the threat of the day, whether the White House; let us reason to- seaports, or Amtrak. Nor does it pro- it be anthrax or airline security. We gether. He wanted us to come to the vide sufficient resources to improve se- cannot wait until there is an attack on White House to discuss the completion curity at our borders or to improve se- a nuclear facility. We cannot wait until of the appropriations bills. I went. curity at nuclear powerplants and labs, there is an attack on our mass transit While the meeting was intended to be or at our Nation’s dams and reservoirs. system. We cannot wait until there is a discussion as a need to provide addi- That is why I have included $15 billion an attack on our food supply before we tional funding in response to the at- for homeland defense in this bill. react. We have to take preventive steps tacks of September 11, the President On November 7, several press reports now before an attack kills more of our used the meeting as an opportunity to indicated the White House is weary innocent citizens. We must anticipate tell us that he would veto the Defense that any additional spending approved our vulnerability, not wait for them to appropriations bill if Congress included now will be built upon in coming years, be shown to us on CNN. additional spending beyond the $686 bil- and I shall quote an AP story. The economy will continue to rise lion top line for the 13 appropriations What it had to say is this: Possibly and fall, like the tides of the sea, but a bills and the $40 billion level approved forces President Bush to confront an sense of security for the American peo- by Congress on September 14 in re- endless stream of budget deficits just ple is something that must not be al- sponse to the September 11 attacks. as he prepares for reelection in 2004. lowed to wax and wane. The Congress I assure the Senate that we are not Watch out now. In order to respond has the opportunity before it adjourns breaking the $686 billion top line agree- to the White House anxiety about this for the year to show the American peo- ment on spending in the fiscal year 2002 spending, I intend to offer an amend- ple that their elected officials have bill. We have worked hard in the Sen- ment, if I have the opportunity to do made every effort to prevent future ate to produce bipartisan bills that so. Let me offer this amendment. I in- terrorist attacks. We can take preemp- conform to that October 2 agreement. tend to offer an amendment to direct tive steps to combat terrorism on the We took a handshake, and it was an the Congressional Budget Office and homefront, with a health care system old-time handshake. We are keeping the Office of Management and Budget that can respond to bioterrorism, a November 14, 2001 CONGRESSIONAL RECORD — SENATE S11751 safer food supplier, more secure air- tem, and that it will eventually be found in ceeded in weaponizing the virus and manu- ports and railroads, stringent border a mailroom or pouch bag, he said. ‘‘If there factured up to 100 tons annually at a plant security, and State and local law en- had been a letter that had gone beyond that outside Moscow. He described experiments in which the Soviets planned to place smallpox forcement that is trained and prepared into our system, we assume by now we would have seen it.’’ warheads atop intercontinental ballistic to handle a terrorist attack. As officials were looking for the real an- missiles. It is unclear whether any warheads It is not enough that we make im- thrax letter yesterday, the U.S. Capitol po- were tested. provements to airport security or bio- lice were dealing with reports of a phony one ‘‘We do not have the confidence that the terrorism prevention. We cannot pro- found on the desk of one of their own offi- Russians are not at this moment proceeding tect ourselves if we only focus on our cers. with research on biological weapons,’’ Hen- vulnerabilities after they have been ex- The officer has been suspended and accused derson said, noting that as recently as the of leaving a note and a powdery substance at early 1990s Russian scientists tried to com- ploited by homicidal maniacs. We must bine the smallpox and Ebola viruses in be more prepared than that. A focus on his post in the Cannon House office building. The substance was not hazardous but the search of an even deadlier agent. every aspect of our homeland defense is department was taking the situation very se- As the man who led the effort to eradicate essential in order to reveal and repair riously, according to U.S. Capitol Police Lt. smallpox in the 1970s, Henderson is familiar with the potential consequences of a reemer- every weakness that we may find. Dan Nichols. These are basic safety precautions. Federal officials during recent weeks have gence of the disease. Because it is contagious and cannot be treated with existing drugs, tried to get across the message to anthrax These basic safety precautions must be its virus is widely considered to be the most hoaxers that their pranks will be penalized implemented before the Congress ad- potent biological weapon. journs for the year. We cannot wait for harshly. ‘‘The likelihood of a smallpox release is another year and another Congress to In a radio address last week, President much smaller than an anthrax release,’’ he Bush said ‘‘sending false alarms is a serious said. ‘‘We’re worried about it because it convene before we come to grips with criminal offense.’’ the horrible reality of another disaster could be far more serious.’’ Lt. Nichols said a criminal investigation A person infected with smallpox often de- like the Twin Towers or the deadly at- into the incident is under way and findings velops a fever and, later, a rash. Smallpox tack on the Pentagon. Every man, will be sent to the U.S. Attorney’s Office and vaccine administered within two or three woman, and child in America expects the police department’s internal affairs divi- days of exposure has been effective in pre- our utmost now. Let us act before it is sion. venting the illness from developing, he said. too late. The suspended officer was not identified. If Historically, 30 percent of people infected Mr. President, this is an emergency. convicted of a hoax, he faces up to five years with the smallpox virus have died, he said, in prison and as much as $3 million in fines. On a monument to Benjamin Hill— estimating that the eradication of the dis- ‘‘He’s been accused of this, and he’s sus- ease two decades ago has saved 60 million great Senator and great orator—to be pended without pay, but he hasn’t been people and protected 240 million others from seen in the city of Atlanta, GA, are charged with anything yet,’’ said Jim illness. these words: Forbes, a spokesman for U.S. Rep. Bob Ney, Since the Sept. 11 terrorist attacks and the Who saves his country, saves all things, Ohio Republican, who heads the committee subsequent anthrax attacks, Henderson has saves himself, and all things saved do bless that oversees U.S. Capitol Police. advocated an aggressive smallpox strategy, him. Who lets his country die, lets all things Mr. Forbes said there is no reason this offi- including the stockpiling of vaccine. He reit- die, dies himself ignobly and all things dying cer would be exempt from charges similar to erated yesterday that he would not support curse him! those faced by other anthrax hoaxers. widespread, mandatory vaccination but that he wants to have the vaccine on hand in the Mr. President, let us act to save our ‘‘He’s not exempt from anything,’’ Mr. Forbes said. event of an attack. country. ‘‘A smallpox outbreak anywhere in the [From the Washington Times, Nov. 14, 2001] [From the Washington Post, Nov. 7, 2001] world is potentially an international dis- aster,’’ Henderson said at a bioterrorism con- STATE DEPARTMENT FEARS ANOTHER HHS SET TO ORDER SMALLPOX VACCINE FOR ference at the Johns Hopkins Paul H. Nitze ANTHRAX-TAINTED LETTER ALL AMERICANS (By Guy Taylor) School of Advanced International Studies. (By Ceci Connolly) For that reason, he said, federal health offi- The State Department said yesterday it is Health and Human Services Secretary cials have begun informal talks with Japan, searching worldwide for another anthrax- Tommy G. Thompson said yesterday that he Brazil and several countries in Europe on the tainted letter. expects to sign a contract his weekend to stockpiling of smallpox vaccine. At least one letter like the one sent to purchase enough smallpox vaccine for every If even a single case emerged, Henderson Senate Majority Leader Tom Daschle is American but that he has warned the White said, he would assume that it was the work packed in with State Department mail that House the cost could be quadruple the $509 of terrorists and would rapidly order quar- was halted last month, said the department’s million he originally estimated—or equiva- antines and vaccinations to ‘‘build a barrier top spokesman, Richard Boucher. of immunity.’’ Meanwhile, the last of the Washington- lent to the department’s entire $1.9 billion bioterrorism budget. The United States has about 15.4 million area survivors of inhalation anthrax left the doses of the old smallpox vaccine available, hospital yesterday after a 25-day stay. Thompson said that he was disappointed the bids from three companies came in and government researchers say it may be Leroy Richmond, 57, of Stafford County, possible to dilute those doses to vaccinate 50 Va., is believed to have contracted the dis- around $8 a dose but that he hopes to settle on a lower price in final negotiations on Fri- million to 77 million people. Thompson re- ease when the Daschle letter went through cently expanded and accelerated a contract the District’s Brentwood Mail Processing day, as he did in his recent talks on the anti- biotic Cipro. with OraVex Inc. (subsequently bought by Center. British drugmaker Acambis PLC) for the de- Another Brentwood postal worker left the In addition to the 54 million doses already livery of 54 million doses by the end of next hospital Friday, the same day an employee on order, Thompson said he plans to stock- pile 250 million doses of new vaccine, or year. at a State Department mail-handling facil- A task force appointed by Thompson is re- ity in Sterling, Va., went home. enough for ‘‘every man, woman and child’’ in the country. viewing the three bids and debating safety, The State Department closed its mail sys- efficacy and possible human clinical trials. tem Oct. 24 when the Sterling employee The previously announced administration effort to vaccinate all Americans against Already, hundreds of volunteers in the came down with inhalation anthrax. It also United States are receiving the vaccine as notified posts worldwide to seal and shut smallpox, a deadly disease that was eradi- cated in the 1970’s, took on a renewed sense part of a rushed study on the efficacy of di- down pouch mail. luting the old vaccine. of urgency as one of the leading smallpox au- Mr. Boucher said eight out of 55 samples Later this week, newly formed smallpox thorities warned it was conceivable that taken from the Sterling facility tested posi- teams at the Centers for Disease Control and tive for anthrax. Two of the samples came former Soviet scientists were helping to Prevention will take a crash course on the from two separate mail sorters and six were ‘‘weaponize’’ the smallpox virus for nations virus with two former CDC experts. The class found on a third sorter. such as Iran, Iraq, Libya and North Korea. will focus on identifying, isolating and treat- The high concentration of spores on a sin- Many [Russian] scientists are really quite ing the disease, said spokesman Tom Skin- gle sorter indicates ‘‘that there is a letter desperate for money,’’ said Donald A. Hen- ner. More than 100 CDC epidemiologists have like the one sent to Sen. Daschle that has derson, director of the new Office of Public also received the vaccine, he said. moved through our mail system,’’ Mr. Bou- Health Preparedness. U.S. intelligence indi- [From the Washington Post, Nov. 7, 2001] cher said. ‘‘We are now proceeding to go look cates that several have been recruited by at all the mail that we have held up, frozen, ‘‘rogue states’’ and were in a position to SOCIAL SECURITY CHECKS LATE, RECIPIENTS sealed off, in mailrooms in this building, an- smuggle out a vial of the virus, he said. SAY nexes and around the world.’’ ‘‘That’s a very great worry.’’ (By Spencer S. Hsu) Officials have to assume that there is a In addition, Henderson said, there is evi- The number of District residents who said contaminated letter of some kind in the sys- dence that the former Soviet Union suc- the Social Security pension or disability S11752 CONGRESSIONAL RECORD — SENATE November 14, 2001 payments are missing doubled this month, tion to encourage applicants to work Senator BYRD has given a list of con- with many of the complaints coming from with the companies which the Senator cerns that we all share. I do not believe neighborhoods served by the now-closed from New York has described. any Member of the Senate is less con- Brentwood mail distribution center. The PRESIDING OFFICER. The Sen- cerned about security of our homeland Deborah Fowler, 35, said she and several other people who live in the 20019 Zip code ator from Nevada. and our people than any other Member have not received checks that normally ar- Mr. REID. I know the Senator from of the Senate. The President, whether rive the first of each month. Her Northeast Texas has been here for several hours he is right or whether he is wrong, said neighborhood is across the Anacostia River and I will finish in one moment. the $40 billion that we have given him, from Robert F. Kennedy Memorial Stadium. I say to the Senator from West Vir- which he is in the process of spending— Fowler said that employees at nearby post ginia, I was privileged to be able to lis- $20 billion of which we will have an op- offices told her the checks may be lost and ten to the speech, and I am better for portunity to set partial priorities on— that the Social Security Administration said having done it. I have so much respect is sufficient through the end of the it would take seven to 10 days to issue a re- and admiration for the Senator. One year. At the beginning of next year, if placement check. thing that always amazes me is the ‘‘We still have to pay rent. If the rent’s not more funds are needed, he would like paid, there are late fees on everything,’’ great memory of Senator BYRD, recit- the opportunity as President to review Fowler said. ing the signers of the Constitution the need, to involve the Cabinet offi- Since Brentwood closed Oct. 21 because of from memory, and of course ending the cers and members of the executive anthrax contamination, the District’s mail remarks with this statement of Sen- branch and potentially independent has been processed through distribution cen- ator Hill. I appreciate very much hav- agencies in doing a comprehensive re- ters in the suburbs. Deborah Yackley, a ing the privilege of listening to the view, and to send a request to the Con- spokeswoman for the Postal Service, ac- Senator from West Virginia. gress for those funds. knowledged that some mail, including some Mr. BYRD. I thank the distinguished The question proposed by the Byrd Social Security checks, may be delayed be- whip. amendment, which is only a small part cause of the temporary arrangement. Chris Williams, a Social Security Adminis- The PRESIDING OFFICER. The Sen- of the bill against which I make a point tration spokesman, said people who have not ator from Texas. of order, is the basic approach that we received checks should sign up for direct de- Mr. GRAMM. Mr. President, first I should act now and that we should set posit of payments to a bank account, call the thank Senator BYRD for his speech. I these priorities as Congress. I believe it agency’s toll-free number (1–800–772–1213) to want to clarify exactly where we are, is a joint process involving the Presi- request a replacement check and contact exactly what the rules of the Senate dent and the Congress. The President their local Social Security office for imme- are, the issues I believe are involved, has said that he would veto a bill that diate relief. and then I will make a point of order. breaks the budget caps, even with the ‘‘We don’t have a hard and fast rule, it’s I think I can do all that fairly briefly. best of objectives. I make this point of basically up to the discretion of the case We have before the Senate a bill manager,’’ Williams said of the later request. order, not because it solves our prob- ‘‘We can certainly give them payment very which is the House bill, H.R. 3090. That lem by killing the underlying sub- quickly on the amount of money they’re bill has been brought to the floor of the stitute, but because I see it as an im- due.’’ Senate. Now there is an amendment to portant step in the right direction. Williams said 245 D.C. recipients have re- that bill in the nature of a substitute, The problem is we have our ideas as ported missing checks, compared to fewer which is pending. Part of that sub- Republicans. Democrats have their than 100 in a typical month. About 93,000 stitute is Senator BYRD’s $15 billion ideas as Democrats. In this case, for residents receive monthly payments, 30,000 amendment, but $67 billion has to do the first time since September 11, we in of them through the mail. with tax and spending provisions as di- the Senate have not successfully been SOFTWARE TECHNOLOGY INDUSTRY verse as giving Federal funding for able to come together on a bipartisan Mrs. CLINTON. Mr. President, I health insurance for the unemployed basis. So rather than spending the rest strongly support the amendment of the and an innumerable list of large and of this week making partisan speeches distinguished senior Senator from West small items to be given some form of where Democrats point out and vilify Virginia, the chairman of the Appro- subsidy or tax treatment. some part of the Republican stimulus priations Committee, Mr. BYRD. The In the 2001 budget, we reached a con- proposal and we pick out some small chairman has put together this very clusion about a provision we added to provision and burrow in on it—rather well conceived $15 billion package of the old Gramm-Rudman law in 1990, than waste the week in doing that, my appropriations to address the Home- which gave emergency designations, objective in making the point of order land security needs as quickly as hu- where you wrote a budget, the budget is to make it clear that the provision manly possible. was binding, but if the Congress and before us cannot pass and begin the I call to the attention of the distin- the President agreed, there was not a process whereby we go into negotia- guished Senator from West Virginia point of order against a provision. It tions, hopefully involving the House the devastating impact that the tragic was decided in the 2001 budget that this and the Senate, Democrats and Repub- events of September 11, 2001 had upon process had been greatly abused and so licans and the White House, to try to the software/information technology it was changed. It was changed so there come up with a stimulus package. industry in and around New York City. would still be an emergency provision I think the American people want us Eighty-five percent of these software/ for defense-related matters, but there to work together. Working together information technology companies em- would not be an emergency provision means I am not going to get everything ploy less than 100 persons. The survival to waive or get by the budget con- I want. Our Democrat colleagues are of this industry is vital to the recovery straints that we had imposed on our- not going to get everything they want. efforts of New York City and to the na- selves for non-defense matters. But in the end, I believe we can tional interest. Accordingly, it would The point of order that I will make is produce something that will be worthy be my hope that, in their administra- not a point of order that Senator of being adopted. tion of the programs for which funding BYRD’s provisions are not emergencies. Mr. President, I make a point of is provided herein, all agencies are They are not a point of order against order that section 909 of amendment strongly encouraged to develop pro- provisions that would use poultry No. 2125 to H.R. 3090 is in violation of posals which, to the maximum extent waste to create energy. It is simply a section 205 of House Concurrent Reso- possible, take into account the dire cir- point of order that says we do not have lution 290, the fiscal year 2001 budget cumstances faced by these companies. a procedure whereby you can protect resolution. Sustaining this point of Would the chairman agree? yourself in advance against a budget order will not bring down the bill Mr. BYRD. I thank the junior Sen- point of order except in strictly defined itself. The House bill will still be there. ator from New York for her support of areas related to national defense, so It will then be subject to amendment if my amendment. Yes, I do agree with that the waiver that is written into the we work out a bipartisan compromise. the Senator that the various agencies bill is basically a waiver which is But it will pull down the committee which receive funding under my banned under the budget process as it substitute. amendment should take notice of this was amended by the 2001 budget. That The PRESIDING OFFICER. The Sen- colloquy and take all appropriate ac- is the point of order that I will make. ator from Montana. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11753 Mr. BAUCUS. Mr. President, I move lier in the day, we knew that is what We have an economy in which we to waive section 205 of H. Con. Res. 290, you were going to do. I would say to have buyers and sellers, consumers and the concurrent resolution on the budg- my friend from West Virginia, if you producers, demand and supply, and we et for fiscal year 2001, for the purposes have some objection, that is the status have an economy in which for two cen- of the pending amendment. of the parliamentary procedure. We turies in a market system we have ex- I ask for the yeas and nays. knew he was going to do it. He didn’t pansion and contraction. It is called The PRESIDING OFFICER. Is there a do it when he should have. the business cycle. No one has been sufficient second? Mr. BYRD. Is the Senator asking able to interrupt the business cycle There is a sufficient second. unanimous consent that the yeas and very much. We can establish some sta- The yeas and nays were ordered. nays be ordered? bilizers here in Congress to try to even Mr. GRAMM. Mr. President, I ask for Mr. GRAMM. I could ask it either out some of the movement of the econ- the yeas and nays on the underlying way. I could ask unanimous consent it omy, but the business cycle is central. amendment. be in order to ask for the yeas and It is like the tide. But we are not here The PRESIDING OFFICER. Is there nays. Why don’t I do that. to talk about the business cycle. We objection to this request? I ask unanimous consent that it be in are here to talk about an economy that Mr. BYRD. Mr. President, reserving order to ask for the yeas and nays on was on a down cycle in the contraction the right to object. the underlying Baucus amendment. phase when on September 11 it was Mr. REID. Objection to what? The PRESIDING OFFICER. Is there dealt an enormous blow. The PRESIDING OFFICER. Is there objection? Without objection, it is so As a result, we have had hundreds of objection to the request of the Senator ordered. thousands of people having to go home from Texas. Mr. GRAMM. Mr. President, I ask for at night and say to their family: I have Mr. BAUCUS. Mr. President, I sug- the yeas and nays on the underlying lost my job. Last month alone, 415,000 gest the absence of a quorum. Baucus amendment. people had to go home and tell their The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The family: I have lost my job. It wasn’t sufficient second? There is a sufficient clerk will call the roll. my fault, I am sure they said, but I second. The legislative clerk proceeded to have lost my job. call the roll. The yeas and nays were ordered. Mr. BYRD. Mr. President, I suggest This economy is in very deep trouble. Mr. REID. Mr. President, I ask unan- This Congress has a very substantial imous consent the order for the the absence of a quorum. The PRESIDING OFFICER. Will the responsibility at some point to come quorum call be dispensed with. Senator withhold his request for a together with this President and find The PRESIDING OFFICER. Without quorum call? ways to respond to it. objection, it is so ordered. Mr. BYRD. Mr. President, I withdraw There are a couple of proposals we Mr. GRAMM. Mr. President, I ask my suggestion. have offered today. One is a set of pro- unanimous consent that the yeas and The PRESIDING OFFICER. The Sen- posals by Senator BAUCUS, and the nays be ordered on the underlying com- ator from North Dakota. other is a set of expenditures dealing mittee substitute. Mr. DORGAN. Mr. President, I was with homeland defense offered by Sen- The PRESIDING OFFICER. Is there present for most of the presentation by ator BYRD. Both of them have the ca- objection to it being in order to request my colleague from West Virginia, Sen- pacity to provide a lift to this econ- the yeas and nays? ator BYRD. I will not repeat much of omy. Both of them represent a menu of Mr. REID. I want to be sure the what he described as an emergency items that will be helpful to an econ- record is clear it is the Baucus sub- with respect to the provisions that he omy during troubled times. stitute. has offered dealing with homeland de- Some others say: Well, this economy The PRESIDING OFFICER. Is there fense. works only when you pour something objection? But there is a time, it seems to me, in the top and it filters down to the Mr. BYRD. I object to the request. As for leadership. I recall reading in John bottom. That is trickle-down econom- I understand it, the Senator is asking Adams’s book a letter he had written ics. Even during tough times, we see the yeas and nays be ordered by unani- to his wife, Abigail, in which he de- those who believe in the trickle-down mous consent. I am opposed to that. scribed the difficult times in trying to theory at work to formulate a package Mr. GRAMM. Will the Senator please form this new country and find leader- to try to deal with what is called ‘‘eco- yield? ship. He expressed great woe to his nomic recovery’’ or ‘‘stimulus’’—kind Mr. BYRD. Yes. wife, Abigail, saying: Where are the of representing the trickle-down ap- Mr. GRAMM. We had gotten the yeas leaders? Where are the people who will proach. Just pour something in the top and nays on the point of order before I rise up and provide leadership at this and somehow it all comes down to the had an opportunity. We had talked to urgent time in this country? Then he bottom. the leadership on your side about or- lamented: There is only us: Wash- We have seen during tough times on dering the yeas and nays on the amend- ington, Jefferson, Franklin, Madison. other occasions where some had the re- ment. And because we had ordered the Of course, over a couple of centuries sponsibility and said: Let’s do nothing. yeas and nays on the point of order, it we have discovered that the ‘‘only us’’ Let’s just sit for a while and see what was not in order for me to simply re- represented some of the greatest lead- happens. Let’s just wait and see. quest it. So, therefore, I asked unani- ership in human history. Herbert Hoover had that notion. He mous consent. But I think it is important to ask said: We will wait and see and let ev- Mr. REID. Will the Senator from again, Where is the leadership when we erything take its course. He felt there Texas yield? need leadership? was no need for intervention. Of Mr. GRAMM. Yes. We have an economy that is in very course, we sank deeper and deeper into Mr. REID. I would say through you difficult trouble. The economy was a recession and then a depression. to my friend from West Virginia, the very weak prior to September 11. But We know from those experiences that Senator from Texas indicated to us he on September 11, terrorist attacks cut there are things we can do. We also was going to ask for the yeas and nays a hole in the belly of this country’s know from the experiences of the past on the Baucus amendment. We ac- economy. century or so that this economy rests knowledge he was going to do that. The question for us is, What do we on a mattress of hope and confidence. From a parliamentary standpoint, he do? Do we do nothing? Do we say this If people aren’t confident, they do should have done that before he raised is simply the normal movements of an things that express their concern about the point of order. Now that he raised economy, the expansion and contrac- the future. They defer decisions to the point of order, he can’t ask for the tion of an economy, or do we recognize make purchases of cars or homes or to yeas and nays unless it is by unani- that something different and unusual take vacations and so on. If they are mous consent. As far as we are con- has happened that requires an urgent confident, they make exactly the oppo- cerned over here, at least me rep- response by the U.S. Congress? I be- site judgment. They feel secure about a resenting the arrangement we had ear- lieve the latter is the case. job. They feel good about the future. S11754 CONGRESSIONAL RECORD — SENATE November 14, 2001 They take that vacation, buy that car mists, is to provide stimulus to this BYRD offers today is one that deals and invest in that home. This is all economy. with homeland defense, bioterrorism about confidence. Nearly one-half of the people who prevention and response, and food safe- I have said before that some view have been laid off don’t have unem- ty. I went to a dock in Seattle, WA, this system of ours like the engine ployment benefits at all. Providing un- one day just to see what happens at room in a ship of state. If you just go employment benefits and extending it these docks. I come from a State that to the engine room and take a look at for those who do have it is a certain does not have dock facilities. We are a all the gauges, dials, nozzles, and let- way to put some money into this econ- landlocked State right in the middle of ters, then adjust all of them—M–1B omy. It is important to do so. These our country, the State of North Da- over here, and investment tax credits are folks who were working and who kota. So I was at the Seattle docks, over there, and accelerated deprecia- were laid off through no fault of their talking to people about what is coming tion—you just get all these knobs and own. They, too, are victims of ter- into our ports and how they deal with letters and dials going just right and rorism. it. I saw these container ships being somehow the ship of state comes along. When we debate these issues, we have unloaded with these large cranes. Then In fact, that is not the case at all. some who do not think those folks are they took me over to an inspection There is a lot we don’t know about very important. They say that is site. They opened the back of one of the economy. What we do know, how- spending. Just spending on those folks these containers, which was now rest- ever, is that engine room in the ship of is not the right thing. During every ing on an 18-wheel truck, because they state runs almost exclusively on the economic downturn we have had, our just drive these trucks underneath and American people’s confidence about first responsibility was to help those drop the container, and then run the our country and its future. How do we who needed help—to provide a helping trucks off someplace to the rest of the at this point in time respond when we hand, to reach out and say they are not country. had a troubled economy, then that alone. What they had opened was a con- economy took this horrible blow on Will Rogers talked about the inclina- tainer of frozen broccoli from Poland. September 11, and as a result of that tion of some with whom we serve. It It was bagged in, I believe, 100-pound we see a contraction, hundreds of thou- has been ageless, of course. He said: bags. They took a knife and opened a sands of families losing their jobs? How The unemployed here ain’t eating regular, bag of this frozen broccoli from Poland. do we then respond? What do we do to but we will get round to them as soon as we I asked the people who were showing offer confidence to the American peo- get everybody else fixed up OK. me all of this: Do you know where this ple? It seems to me, part of a package to broccoli was produced in Poland? Do The September 11 tragedy was fol- provide hope and encouragement to you have any idea? lowed by the anthrax attacks in sev- this country and to try to stimulate They said: Oh, no, we wouldn’t have eral places in this country. It has been this economy is to take a look at those any idea about that. very unsettling to the American peo- who have been victims of these ter- I asked: Do you have any idea what ple—being attacked in this country rorist attacks and victims of a down- kind of chemicals were applied to this through the mail and using the Postal turn in this economy and say to them: frozen broccoli from Poland? Service as a delivery mechanism for We can give you some help. They said: No, we wouldn’t have any terror. It has caused great concern to Nearly every economist in this coun- notion of that. virtually everyone. try says when you extend unemploy- I asked: How many of these con- In fact, a county sheriff in North Da- ment benefits to help to those people tainers with frozen broccoli or frozen kota called my office about a week or who have lost their jobs, this is money asparagus or peas, or whatever else is so ago and said someone in his county that goes right into the economy. coming in in our food supply, are actu- had called him. They had gotten a let- Some have said—in fact, I have heard ally opened? The one you open, you do ter from me and wondered whether it it in recent days—if you provide unem- not know much about. All you can tell was safe to open a letter from Senator ployment benefits, it reduces the urge is it is green and frozen and it is a veg- DORGAN because they heard about all of for those folks to look for work. Look etable, but how many of these con- this anthrax. All of a sudden, they get for work? They were working. They tainers actually get opened? a letter from Washington, DC, in the lost their jobs because of the economy. They said: Oh, probably just 2 or 3 mailbox. I was responding to their let- Does anybody think any one of these percent. The rest of them just move ter, perhaps. They wondered whether it people would have chosen not to work? right on through. was safe. Half of them do not have unemploy- It is a steel container with frozen In every part of the country people ment benefits. Does anybody here vegetables, and it hits these shores. It worry about these issues. think they would have chosen that un- is put on top of 18-wheelers, and off it You have the September 11 terrorist fortunate circumstance where they goes someplace to a distribution center attack—this act of mass murder by have to go home after work some night and then someplace to a restaurant and mad men. Then you have the anthrax and say, ‘‘By the way, I want you to then someplace to a dinner plate. And attack. Then you have an economy know, I have lost my job?’’ I do not we do not have the foggiest idea how it that is in very deep trouble. Last think that is something that someone was produced, what chemicals were month’s figures show 415,000 people are would choose. We have a responsibility used or whether someone deciding to now newly unemployed. What do we do to help. introduce bioterrorism in America’s about that? So Will Rogers described the cir- food supply found a way into that con- The interesting thing about the cumstances that still exist. Fortu- tainer. We do not have the foggiest no- newly unemployed is in almost all nately, it exists only in a small pocket tion about what the circumstances are cases they are the people at the bottom here in the Congress. Most people un- with that broccoli. going up the economic ladder. They are derstand the responsibility to do this. Senator BYRD, in his proposal, says the people who know about second- We need to extend unemployment that, too, is an issue of homeland de- hand, second shifts, second mortgages, benefits. We need to provide some fense, protecting America’s food sup- and second jobs. They are the folks short-term help with the health insur- ply. Should American consumers, with who deal with all of those issues in ance needs of those unemployed folks the threat of bioterrorism, inspect their daily lives. Now they deal with called COBRA. We can do all of that. more than 2 percent of the food coming the issue of being laid off. The question Now let me turn, just for a moment, into this country, of those commod- for Congress from them is, What can to the remarks of Senator BYRD, be- ities coming into this country? I be- we do here? What can we do to try to cause what he said is very important. lieve they should inspect more than get them back on their feet? Part of economic recovery in this coun- that. So that is homeland defense. That is a way of saying that part of try is, as I said, giving people con- Senator BYRD’s homeland defense this stimulus package must be to ad- fidence about this country, where we proposal also invests in State and local dress those issues. Addressing those are headed, and what kind of security antiterrorism law enforcement. Invest- issues, according to almost all econo- exists. So the package that Senator ing in that kind of law enforcement is November 14, 2001 CONGRESSIONAL RECORD — SENATE S11755 not only necessary, it also improves have done that before. Some are more Then he wrote: confidence. It also will stimulate con- successful and some are less successful. The Senate Republican bill, which the ad- fidence in this economy. There are some common provisions ministration backs, in some ways would Remember, on September 11, while in both the House and the Senate bills make things even worse by granting bigger we all watched television, with great that makes sense. Additional expensing benefits to very high earners. For instance, horror, others in this country were makes sense. Some bonus depreciation the $50,000 family would still get zero but doing something quite different. Men makes sense. I happen to think a tar- this plan would give $500,000 over four years and women, making $40,000 and $50,000 geted investment tax credit would to families making $5 million a year and much of that after (one hopes) the economy a year, wearing the badges of law en- make some sense. I want to make a couple of points has recovered. It directs very little money to forcement and firefighters, were run- those who would spend it and offers few in- ning up the stairs of the Trade Center. about some provisions that have been centives for investment now. They were running up the stairs on the kicking around here that are in either the House or the Senate Republican The point is, we are required to not 20th, 30th, 40th, and 50th floors. And as only do something but to do the right people evacuated those buildings, they proposals that make no sense at all. What we have to do is get to the core thing. This economy is contracting. saw the first responders—the fire- The economy declined by .4 percent in fighters and law enforcement folks— of what works, to provide some help to this country’s economy. One of things the third quarter. The new figures will going up. They did not do it because of likely show we are in a recession. Al- their salary. They do not make much that happened—this is in the House of Representatives stimulus bill—is they most everyone in the field of econom- money. They did it because they were ics believes that. It could very well be the first responders required to protect decided to give retroactive tax cuts in the form of payments to some of the a very deep recession. this country and their city. Factory orders dropped 5.8 percent in State and local antiterrorism law en- largest corporations in the country, September, the lowest level since forcement, Senator BYRD says in his retroactively refunding the alternative March of 1997. Corporate profits proposal. Do we need that kind of in- minimum taxes that were paid by the dropped 72 percent in the third quarter. vestment? You bet we do in virtually companies. Unemployment is 5.4 percent, up a per- every reach of this country. I was in the other body, and I was on cent and a half from last year; 415,000 FEMA firefighters grant program: the House Ways and Means Committee job cuts in the month of October alone. Absolutely necessary. when we wrote the 1986 Tax Reform The Federal antiterrorism law en- Act. I was one of those who helped Consumer confidence is way off. Con- forcement, border security, airport se- write the alternative minimum tax. It sumer spending has plunged. We have curity: I’ve been very concerned about has turned into something that we did substantial excess capacity in our the northern border. I am concerned not intend back then, but, nonetheless, economy. That is why putting substan- about all of our borders around this the reason we did it is we had all these tial money into the top in the form of country. You cannot provide security stories. I recall one of them was Gen- a billion dollars here and a billion dol- in America unless you have security of eral Electric making $1 billion and lars there to one corporation is not your borders. You must know who is paying zero in taxes—zero. We decided going to do very much if you have sub- coming in, and make sure those who that was not fair and it was not some- stantial excess capacity. are associated with terrorists or known thing we wanted to see happen. So we The problem is that the economy is terrorists are not allowed in. thought, if someone is able to zero out in deep trouble. The question is, What On the northern border we have a their tax liability with all kinds of do we do? The answer is, What we do wonderful, long 4,000-mile border with other devices, let’s have an alternative ought to be temporary, No. 1; No. 2, it a great neighbor, the country of Can- minimum tax, so those who have ought to be immediate. The legislation ada. We are so fortunate to be able to earned substantial profits will at least brought to us from the House fails on share that border with a good neighbor. pay some taxes. That is called the al- both counts. The proposal that is of- But it is true, on 4,000 miles of border, ternative minimum tax. fered by Senator BAUCUS and Senator The stimulus package enacted by the we have 128 ports of entry, and over 100 BYRD succeeds on both counts. House of Representatives says that we of them are part time. In most cases, I mentioned a moment ago the alter- are going to give back immediate tax at 10 o’clock at night, the security be- native minimum tax retroactive re- refunds for all the alternative min- tween the United States and Canada is fund, $7.4 billion for 16 large compa- imum taxes paid back to 1986. So we an orange rubber cone that someone nies. Senator BYRD talked about the will send IBM a check for $1.4 billion, puts in the middle of the road as they need for investment in this country, Ford Motor a check for $1 billion. shut the station down. That orange the need for helping people who are out Can you imagine that? How is that of work with extended unemployment rubber cone that cannot shoot, cannot going to stimulate the economy? Tom think, cannot talk, and cannot tell a benefits during tough times. That Paxton once wrote a song, when Chrys- amount, $7.4 billion, could help State terrorist from a tow truck. It is sup- ler got a bailout, saying: ‘‘I’m changing and local governments hire the first re- posed to be security. Do we need to do my name to Chrysler.’’ Now maybe he sponders, fire and police protectors, something about that? The answer is, would write a song saying: ‘‘I’m chang- and training. It could help deal with clearly, yes. And Senator BYRD, in his ing my name to Ford.’’ proposal of homeland defense, does Are we going to give refunds of bil- the U.S. Postal Service needs. that. lions of dollars to refund the alter- I did not mention but Senator BYRD Airport security, mass transit secu- native minimum tax that corporations talked about the need that is required rity, Amtrak security, nuclear power- pay? How does that help this country’s now by the Postal Service to find the plants: I will not go through all of it, economy? technology to irradiate the mail, make but I think Senator BYRD did it in a In the Washington Post this past sure the mails are safe. It is a whole se- very thorough way. I will only say this: weekend, there was a fascinating op-ed ries of things dealing with the use of Can anyone come to this Senate and piece written by a Nobel Prize-winning money. Bioterrorism, if we are going to tell us this is not a set of emergency economist, Joseph Stiglitz. He wrote: pass a bioterrorism bill, how do we pay needs that are required at this point in What worries me now is that the new pro- for that? Law enforcement, infrastruc- this country? Does anybody really be- posals, particularly the one passed by the ture, all of these are needs that we lieve these are not emergency needs? I Republican-controlled House, are also likely must address. do not believe that someone can make to be ineffective. The House plan would rely Some believe this is not an emer- the case that, A, this is not an emer- heavily on tax cuts for corporations and gency. I very seriously disagree with gency; and, B, these are not necessary. upper income individuals. The bill would put that. Clearly, this country is facing an Let me turn for a moment to the pro- zero—yes, zero—into the hands of a typical emergency situation with an economy family of four with an annual income of posals on taxation. One way to provide $50,000. Giving tax relief to the corporations that is in a very steep decline. economic stimulus and recovery and for past investments may pad their balance My hope is that we will decide in the confidence is to get the economy mov- sheets but will not lead to more investments coming week or so that there is a way ing again through tax incentives. We now when we need it. for the Republicans and Democrats, for S11756 CONGRESSIONAL RECORD — SENATE November 14, 2001 the House and Senate and the Presi- the underlying House bill; there is a small business. Frankly, small business dent, to engage in the kind of negotia- point of order that lay against the Sen- was largely left out of the Senate Fi- tions that will lead to an economic re- ate Republican bill; there is a point of nance Committee and the House bills. covery or stimulus package that, A, is order against all of this. The question Small business is the driving engine of immediate and, B, is temporary, one is, Do we have an emergency in this our economy, and nobody seemed to that recognizes the requirement that country or don’t we? Those who, like care about small business. They are the we have to do this now. Herbert Hoover, want to sit around and ones taking it in the teeth in many I regret very much that a point of say, let’s just wait and see what hap- areas. So I filed amendments that do order was just raised. I understand why pens, will do this country no service. several things. First, my amendment it was raised, but I regret it was raised Let’s decide we will take action now. provides for much more generous loan because I believe a point of order also We will do it on a bipartisan basis, terms for small businesses that have exists against the underlying Repub- with Republicans and Democrats in co- been directly or indirectly affected by lican bill that is at the desk. The bill operation with the President, and do it the September 11 terrorist attacks, by that came over from the House also has in a way that will make this country deferring and/or forgiving interest on a point of order against it. It substan- proud of the service given by Congress these loans and lowering fees. In other tially delays things here in the Senate and the President. words, it says to small business that if to begin battling points of order. Ei- I yield the floor. you are willing to take the chance now ther we are going to do a stimulus The PRESIDING OFFICER. The Sen- to invest and grow your business as package or we are not. If we are going ator from Missouri. this economy starts to turn around, we to do a stimulus package or an eco- Mr. BOND. Mr. President, it is very are going to give you a break on the nomic recovery package, let’s get seri- important that we debate and under- amount you have to pay up front. You ous about it. stand where we are going on the stim- can defer paying interest until we come What I see in some of these bills, es- ulus package. I agree with what many out of this. That makes a lot of sense. pecially the one at the desk from the people have said: We do need an eco- I think, also, we need to encourage House, reminds me of what my mother nomic stimulus. We have been in a re- and ensure that small business gets a used to call supper. When asked, ‘‘What cession for 15, 16 months. September 11 share of Government procurement as is for supper?’’ she often would say, has pushed us down even further. The part of these stimulus packages. We ‘‘Leftovers.’’ We all knew what left- economists may say we have to wait pass small business bills that give all overs meant. It meant whatever else until we have two successive quarters kinds of benefits to small business and was left in the refrigerator. of negative growth, but everybody then the bureaucrats find ways around That is what we got from the House knows the economy has been going them. We need to tighten up and elimi- in their so-called stimulus package— downhill. nate those loopholes so when the Fed- all the leftovers they hadn’t gotten I also agree that what we need to do eral Government spends money, a part done in previous bills, having nothing needs to be immediate, needs to be of that money goes to small businesses to do with making something imme- stimulative, and should not be perma- for the purchase of goods or services. diate or temporary, just leftovers, just nent; it should be temporary. On the tax front, if there is one thing the old things they always wanted to I have a great deal of problems with we can do to help small business it is do. Give a refund of $1.4 billion to IBM what has been produced by the House to raise the amount of new equipment because they paid an alternative min- and what has been produced by the Fi- that they can expense. Today, if a imum tax since 1986. That doesn’t nance Committee. A newspaper that is small business owner buys a piece of make any sense. That is not going to common to the area the occupant of equipment, he can expense up to $24,000 stimulate the country. It is just the the chair and I serve—I often don’t of the purchase price. My proposal is to same old nonsense. agree with it—had an editorial today increase that limit to $50,000 that can I started talking about John Adams referring to one part of the Senate Fi- be written off immediately so they can in his book lamenting to Abigail about, nance Committee bill and talked about get an immediate tax break and don’t where was the leadership? Where is the chicken manure and applied that ap- have to depreciate it. We would also leadership? he said, during the forma- pellation to both bills, the one that raise the limit on vehicles. Right now, tive time of this country when they came out of the House and one that you can only depreciate about $14,000 needed leadership. He said: Regretfully, came out of the Finance Committee. I on vehicles. A lot of vehicles—particu- there is only us, Washington, Franklin, wouldn’t go so far myself as to say larly vans and trucks used by small Jefferson, Madison. Of course ‘‘only that. I would say, as we say back home, business—cost well above that amount us’’ turned out to be quite substantial I have a minimum amount of high en- and they can’t depreciate the full cost leadership, the greatest leadership cer- thusiasm for either one of those bills. of the vehicle. So it is a real burden on tainly in this country’s history, per- Now, on either one of them, one can small business to buy them. haps in the history of the world, the or- say these are needed things. Any bill For restaurants, which are domi- ganization of free government. that provides for research in science nated by small businesses, we ought to The question is, Where is the leader- and building infrastructure, things nor- restore the full 100-percent business ship now? The leadership offered by mally in the course of appropriations, I meal deduction. These are things we Senator BAUCUS and Senator BYRD, as- would support. We need to build high- can do on an immediate basis that will sisted by Senator DASCHLE, in trying to ways. We need to do research. There have an immediate impact on small put together legislation that will give are a lot of problems with which we businesses, their suppliers, equipment hope and confidence to the American need to pick up. Similarly, when you manufacturers, and our economy as a people—I hope as well the leadership of are talking about tax relief and tax whole. the President and others who will join cuts, the long-term good of the econ- I also happen to favor one of the sim- us in very serious negotiations in the omy requires that we lower marginal plest, most direct approaches to get coming days—will allow us to pass leg- tax rates and get rid of the craziness money into the pockets of working islation that will give us the oppor- that the alternative minimum tax im- men and women who can spend it right tunity to say, as Churchill asked the poses, particularly on individuals and away. Senator DOMENICI has developed English to say, ‘‘this was our finest small businesses. But I don’t think this a concept of having a December tax hour.’’ is the time to do it. I think we need to holiday on FICA, the Social Security We need to do this in a serious way. take care of those people who are hurt- payments all working Americans make This country faces a serious challenge. ing. That is why I think we ought to each year. Under this proposal, any My hope is we do it sooner rather than provide something that has unemploy- payments that are owed during Decem- later. Again, I regret very much a ment compensation and grants to the ber by employees or employers would point of order was raised because there States to help with health care. not be sent in, leaving more in each is not only a point of order against the I also believe we need to help small worker’s pay check and more for the legislation that has been offered today, business. I have filed a couple of business to protect jobs. The General there exists a point of order against amendments that do several things for Treasury would reimburse the Social November 14, 2001 CONGRESSIONAL RECORD — SENATE S11757 Security fund so there would be no loss permanent in the 2001 budget resolu- includes tax measures and other items, to Social Security Trust Fund while tion. It was designed to specifically ad- that it can be done in a bipartisan fash- protecting retirees’ benefits. This is dress what was said over and over at ion, and we ought to get on with it. one way we could get money into the that point to be a misuse of the ‘‘emer- I thank Senator KENNEDY for yield- pockets of people who will spend it in gency’’ designation that had become a ing, and I yield the floor. December. popular mechanism for getting around The PRESIDING OFFICER. The Sen- One of the things people are talking the spending limits established in both ator from Massachusetts. about is the expansion of the tax re- law and in our budget resolution. Mr. KENNEDY. Mr. President, I bates that started in July. The rebate So in the 2001 budget resolution, we imagine our fellow Americans who the President suggested is fine, but established a very clear set of prior- have been watching the Senate this most people say it is unworkable be- ities designating domestic spending as afternoon are wondering whether this cause you can’t get the rebate out an ‘‘emergency.’’ All those criteria had institution can function effectively in until January and there’s a good to be met to allow the spending or tax dealing with the problems they are fac- chance it will slow down the processing cuts to be placed outside the budget ing every single day, particularly those of returns and mailing of refunds in the blueprint. who have lost their jobs in recent upcoming tax filing season. I think ev- Again, let me read those criteria be- times through no fault of their own. erybody realizes that to get a strong cause that is what we are debating. They are proud men and women who work hard, play by the rules, go to economy we need the money in the They were the following five criteria their jobs every day, and have found pockets of the working men and women that had to be met: one, the provision out in recent times, before and after in America now, not tomorrow. So I must be necessary, essential, and vital; September 11, that their services are would like to see a serious consider- two, the provision must come about no longer needed. They are 137,000 ation to the December FICA tax holi- suddenly and quickly; three, the provi- workers in the transportation indus- day that Senator DOMENICI has con- sion must be urgent, pressing, and try; 136,000 in the hospitality, tourism, structed. compelling; four, the provision must and entertainment industry; 57,000 in I have several more amendments at have been unforeseen, unanticipated, the communications and utilities in- the desk. If we are going to be here and unpredictable; and five, the provision dustry; 226,000 in manufacturing; 14,000 have a vote-a-rama on a long list of must not be permanent. in the retail industry; 44,000 more in amendments, you can count me in be- Senator PHIL GRAMM raised an appro- the service sector industry; and in the cause I think these things ought to be priate point. The Senate has the au- finance, insurance, real estate indus- considered. I believe there is also dis- thority to waive the issue before us and decide whether the underlying bill and tries, 24,000 more. cussion, on the other hand, by the lead- There it is in raw figures, but it does the amendment to the bill meet all of ership that if the point of order is sus- not reflect the challenges those fami- these criteria. I haven’t studied both tained, there will be serious negotia- lies are going through every single day bills, and I essentially looked only at tions so that a final package will come when they are denied, in too many in- the underlying tax bill that came out to the floor. Obviously, that is not in stances, unemployment compensation, of the Finance Committee. I remind ev- my hands. But I raise these points even though they have contributed to about small business and the need to erybody that we have declared a huge it, because of the change in the rules, stimulate the small business sector of amount of money as an emergency al- or they find it virtually impossible to our economy, which would be helped by ready. We are at $70 billion since the find new employment because of the easier loans, greater expensing, more budget resolution that we have de- changed economic conditions. Government contracts, and which clared to be emergency because of the These are our fellow Americans, would be helped by the plan that Sen- disaster that beset our people and the workers, proud men and women, who ator DOMENICI has conceived. I hope State of New York, Washington, DC, have provided for their families and, when he introduces it, he will add me and obviously the crash in Pennsyl- now, every day go home and have to as a cosponsor. vania. look into the eyes of their children, These things will help. I think they I just read the criteria. With ref- and look into the eyes of their loved will give the kind of economic stimulus erence to the tax bill, I ask rhetori- ones, and say: I was not able to get any we need right away, and if there is to cally: Does spending money to buy employment today, and our savings are be a negotiated agreement—House-Sen- meat, blueberries, watermelons, cu- going down further and further. ate, Republican-Democrat, and the cumbers, and other items, meet the We know there is an emergency. It White House—I hope they will take emergency criteria of being urgent and defies any possible understanding of into account these vitally important necessary at this time? Do citrus can- the use of the word in the English lan- provisions for small business, and per- ker tax credits rise to the level of a guage that there is not an emergency haps avoid the paths that will be best needed emergency tax cut today? Do in the United States today. Tell that to addressed in other legislative action at payments to rum producers in Puerto the brave men and women behind the other times. Rico and the Virgin Islands qualify as lines in Afghanistan. Tell it to their I urge the managers of the bill to emergency spending? I am just asking relatives at home. consider the impact this stimulus the question. Perhaps people think Tell that to the National Guard package can and must have on small they do. Senator GRAMM was wondering troops who have been called up in my business. about not only these but whatever State serving in the air wing. Tell it to The PRESIDING OFFICER. The Sen- other ones he might have had in mind. the reservists who have been called up ator from Massachusetts is recognized. Do we think expanding the work op- from Westover, Barnes Air Force Base, Mr. KENNEDY. Mr. President, I am portunity tax credit to provide $4,800 the MPs who have been called up, glad to yield to my colleague from New for every bond trader and stockbroker many from the private sector. Tell it Mexico. He has a brief matter he wants in Lower Manhattan meets the criteria to them, we do not have an emergency. to bring to the Senate’s attention. of essential and necessary? Do we Tell it to the families of the postal Mr. DOMENICI. I thank the Senator. think the $2 billion pricetag for this workers who died from anthrax that we I didn’t hear the Senator. Did he say a provision is what we had in mind when do not have an emergency. time certain? we passed this tax credit for low-in- Tell it to the Attorney General and Mr. KENNEDY. I understand that the come, single-parent mothers? the President of the United States who Senator wanted 2, 3 minutes. I am glad I submit, if this point of order is not said we have to be on a heightened to accommodate. waived, then obviously we will be back state of alert. When did we hear that in Mr. DOMENICI. Since I was part of thinking about a bill that is bipartisan. the last years? When did we last hear the history of this, I wanted to recall it I recommend that we not grant the warnings from an Attorney General and let everybody know what we are waiver, and then I recommend strongly and from a President about how we debating here. Again, this point of that we get busy on a bipartisan bill, have to have a heightened state of order was established in the 2000 budg- showing the American people we can alert? All Americans have to be on a et resolution, and then it was made create a stimulus for our growth that heightened state of alert. S11758 CONGRESSIONAL RECORD — SENATE November 14, 2001 This is defined as an emergency any ployment insurance again later on in I hope our colleagues are not going to way you look at it. We are facing an 1993 by a vote of 79 to 20. That is the be saying we are for covering those emergency, and we are facing an emer- history of trying to provide help to who have health insurance. I have gency in a most profound way in the these families in a much more exten- heard some of those speeches, but I state of our economy. We have seen it sive way, with a generous kind of com- have not heard them say or defend in our States, and if we have not seen mitment. People say, why can they not their particular program. Here it is. it, we have not been paying attention agree to that this afternoon? Why are We believe in the importance of mak- to our constituents. Maybe it has not roadblocks being put in their way to ing sure working families who have reached some areas of this country, but deal with that this afternoon? Why can been separated from their jobs, through I would like those Members to rise up we not get about that which will help no fault of their own, have health care and tell us about how their States have my friend or my neighbor, somebody coverage because we know what hap- not been affected or impacted, because who has lost his job? But, no. Instead, pens to them. The average payment on every indication is we are in an emer- we are going to have a procedural vote. unemployment insurance is $925, and to gency. We are going to have procedural votes maintain their premiums now would We have had the first decline in the in order to deny us the opportunity to take 65 percent of that $925. That is GDP in more than 8 years. We have the do so. why about 15 percent of the total work- largest increase in the unemployment We have a similar situation in health ers, without any kind of help, actually rate in 21 years. I will not take the care. This is one of the most valuable utilize COBRA. time this afternoon to read into the qualities of life for all of our fellow I commend Senator BAUCUS and the RECORD when a number of our col- citizens. The central challenge we face Finance Committee for their proposals, leagues, many on the other side of the is trying to ensure we are going to both on unemployment and on this par- aisle, said: Use the emergency provi- have adequate health care. I enjoyed ticular proposal, and Senator BYRD for sions for incidental factors. There are being in this Senate when we debated a the strong support he has given to our lists of them. I have lists of them. We patients’ bill of rights. How often I lis- homeland security proposal. Under the are not talking about that. We are tened during the course of the day to proposal that has been advanced by the talking about the greatest increase in those voices that said we cannot pass a Finance Committee, it is down to 16 unemployment in 21 years. We are patients’ bill of rights because it is percent. We have heard as recently as talking about the three-quarters of a going to increase premiums by 1 per- today from a very lovely lady who lost million newly unemployed and the cent and we are going to create all of her job in Philadelphia. She had plunge in consumer confidence in our these uninsured. worked in the service industry in economy. We have thousands of uninsured who Philadelphia for a number of years, and We have heard the words of some have been losing their coverage, and I she now finds herself unemployed. She economists. We all saw the reports this am waiting to hear those same voices says it is going to be difficult to find last weekend. The Nobel laureate, Jo- say, ‘‘let us do something about them.’’ the resources to do it, but, by God, she seph Stiglitz, talked about this as well, I have not heard it yet. Back when we thought she could get herself together and his statements have been men- were on the floor debating whether a because it is so necessary for her fam- tioned in this Chamber: patient was going to have the best ily. The United States is in the midst of a re- health care based on a decision of the We are not as interested in talking cession that may well turn out to be the doctor instead of the bottom line of the about what the other side is against, worst in 20 years, and the Republican-backed insurance company, my Republican although we know they are against our stimulus will do little to improve the econ- colleagues gave long speeches saying proposal. We want the American people omy; indeed, it may make matters worse. that we should be focused instead on to understand what we are for. This is There it is, Mr. Republican. It is not covering the uninsured. That is what what the Democratic proposal will do. just Democrats saying it. Families in we were battling for—to protect Amer- It will guarantee help in paying the America understand it is an emer- ican families. COBRA premiums. That would help 7.2 gency. Those who are serving in the We are told we cannot go to that rad- million Americans. We do this. We pro- Armed Forces and are being called up ical concept because we are going to vide help for displaced workers that are know it is an emergency. Economists see thousands, tens of thousands, hun- not eligible for the COBRA; 2.5 million understand it is an emergency. And dreds of thousands more people who fellow Americans, they will be eligible. people are asking: Are we in the Con- will lose their health insurance. We provide State fiscal relief for im- gress of the United States going to do We have it now. We are seeing it proving the maximum Federal Med- something about it? every single day in increasing numbers. icaid payments, similar to what has Evidently, we are going to be denied Where are those voices that say, ‘‘Let been successful in the CHIP program that opportunity by the use of proce- us do something about it?’’ I do not which virtually every State accepted dural actions of which the American hear them. They refuse to make the with the increasing match. We do that. people are sick and tired. recommendations or suggestions to do That helps maintain coverage for 4 The American people understand. it, and the one that they have made is million Medicaid beneficiaries. All Why are you not doing what you did in completely indefensible. across the board we have had these the 1970s or in the 1990s in the unem- I ask, where is their program for evaluated by CBO and the others who ployment insurance program? We have health insurance? We provide, under maintain and support the conclusions I examples of the unemployment insur- the program that is before us now, as- have stated. In the Republican plan, ance program helping workers. Why sistance for those that have COBRA. there is no guarantee. are you not doing what you did then? We provide assistance for those that If one is interested in providing some Why aren’t Republicans and Democrats are not eligible for COBRA. The rea- assistance to workers, the program working hand in hand to provide assist- sons for that are the size of the compa- that Senator BAUCUS and others have ance to those who are unemployed? nies and other technical reasons such proposed makes the most sense. It We did it in 1991 by a 91-to-2 vote in as whether the workers receive COBRA makes the most sense in terms of en- the Senate. We provided a more gen- or they do not. We look out for both. suring that workers and workers’ needs erous package than is being proposed If one looks at the Republican plan, are going to be attended to, and it also by the Democrats now. Then in 1992, by the total Republican plan they say is a provides support for health care. So I a 94-to-2 vote, Republicans and Demo- pot of money that can be used for un- hope our colleagues will change their crats provided extended unemployment employment or it can be used for mind on this particular issue. compensation. Again in 1992, July of health insurance or they can use it for On September 11, America sustained 1992, by a 93-to-3 vote, we provided an some other social services such as child an unprecedented terrorist attack. The extension of unemployment compensa- care. They mentioned all of this, but if risk and the danger of future attacks is tion—each time trying to provide addi- you just applied it to the premiums of very real. The President and leading tional protection for workers who were COBRA eligible workers, you get only 2 figures in the administration repeat- being excluded and, we extended unem- weeks of coverage. edly warn the American people of the November 14, 2001 CONGRESSIONAL RECORD — SENATE S11759 need for unprecedented vigilance. So now before the Senate, the Baucus Mr. KENNEDY. I think the Senator we are facing a true national emer- plan, together with the Byrd plan, is has made this very clear. gency by any reasonable definition. not an emergency. As to airport security, people back in What the objectors seek to block is Can the Senator from Massachusetts Massachusetts are saying: You Mem- the appropriation, as well, of $15 billion give me any ideas, any reason, how this bers of Congress have the Federal pro- for homeland defense. They object to could not be an emergency? Does the tection, don’t you? the expenditure of $4 billion that would Senator have any idea how this could There will be families coming down enhance our ability to prevent bioter- not be an emergency? How could any- here to visit who have to show their rorist attacks and protect our citizens one in good conscience say this is not briefcases. That security isn’t auc- should such an attack occur. They ob- an emergency? tioned off to the lowest bidder. We have ject to the expenditure of $4 billion to Mr. KENNEDY. I have great dif- looked out after ourselves in this re- strengthen the ability of Federal, State ficulty in understanding that. I think spect and at the cost of lives. We have and local law enforcement to combat anyone watching this debate in Nevada had courageous policemen who lost terrorism. They object to expenses to or Massachusetts would come to that their lives in the line of duty, pro- improve border security, airport secu- same conclusion when they see the loss tecting Members of Congress. rity, mass transit security. They even of jobs taking place in your State and On the other hand, we are told we object to funds needed to enhance secu- mine and all of the 50 States; when cannot have that kind of protection for rity at the Nation’s nuclear power- they see members of their family being the American people. I don’t know plants. If providing the necessary funds called up for the National Guard, or whether the Senator saw a letter to the so these homeland defense initiatives when they have members of their fam- editor—perhaps this is too serious to can begin immediately is not an emer- ily who have been activated and sent joke about—that said maybe we ought gency, then what is? over the Indian Ocean on aircraft car- to have two kinds of security: those The point I want to conclude with is, riers and dropped behind the lines in which are deemed private, and let the it is ironic the same Members who ob- Afghanistan; when they have listened Republicans go through those; and the ject so strenuously to spending $15 bil- to a President of the United States call others who are Federal workers, let the lion to strengthen the Nation’s capac- upon all members to be on a height- Democrats go through those. ity to defend ourselves from terrorist ened sense of alert, and we listened to It is really too serious to be joking attacks are supporting a bill which the Attorney General of the United about and certainly in the wake of the would retroactively repeal the cor- States say, once again, it is time for us extraordinary tragedy earlier this porate minimum tax and give the larg- to be on heightened alert; when we week where, to all indications, it ap- est corporations $25 billion in direct have seen the significant economic in- pears to be a mechanical problem, but payments from the U.S. Treasury. dicators over the period of these past at least in people’s minds and in fami- We do not have the money to look several months, all going in an adverse lies’ thoughts they wonder about the out after the premiums for hard work- direction after a long period of eco- security and the fact we have not been ers. We do not have the money to pro- nomic growth and price stability; and able to work this out, to guarantee the vide help for unemployment insurance. where we have heard the leading econo- best in security. We do not have the resources to deal mists say, look, we are facing a chal- As pointed out by other Members of with helping the States meet these cri- lenging time. the Senate, we don’t auction off the Se- It can get a lot worse if we do the Re- ses, but we do evidently in that budget cret Service. We don’t auction off who publican plan or no plan. I wonder why that clears OMB, clears Mr. Daniels, will be out there in the Food and Drug we ought to be gambling with the well- Administration to make sure our drugs have the ability to get $25 billion in di- being of the people of Nevada or Massa- are going to be safe and efficacious. We rect payments from the U.S. Treasury, chusetts. I wonder if the people of Mas- payments to repeal the corporate min- sachusetts truly understand what is don’t auction off the FBI. We don’t imum tax and to return taxes they happening in the Senate. They are auction off the Alcohol, Tobacco and have paid in past years. wondering why we aren’t acting. You Firearms employees. We don’t auction Is giving major corporations hun- will say because we are having a point those off to the private sector. We want dreds of millions of dollars each based of order. They will ask what a point of to make sure Americans are protected. on taxes they paid 10 or 15 years ago a order is. They will wonder in Massa- I find it extraordinary that the higher priority for America than chusetts, perhaps, whether it is a res- strong initiative which passed success- strengthening homeland defense? Is taurant in Chicopee. They will be ask- fully in the Senate that ensures that retroactive repeal of the corporate ing: There is a point of order and we kind of protection still is unable to be AMT an emergency? Could we not de- are not taking action? completed through the two bodies. vote $15 billion to defending America? Why is one of the great institutions The PRESIDING OFFICER. The Sen- It would still need $10 billion for cor- failing to deal with this economic chal- ator from Minnesota. porate refunds. Those same Members lenge when we have at our best days Mr. WELLSTONE. I thank the Sen- support accelerating upper income been willing to do it in a bipartisan ator from Massachusetts for his com- brackets, and if they believe we can af- way? ments. I think historians will record ford such an expensive tax cut in the Mr. REID. I appreciate the statement that he is probably one of the most midst of an unprecedented national cri- of the Senator. The people of Nevada forceful advocates for working families sis, how can they claim we cannot af- are wondering how possibly we are not in the history of the Senate. ford $15 billion to better protect Amer- doing anything, No. 1, on airline secu- I have a statement by Joseph Wel- ica from terrorism? rity. On airline security we are doing come, a mold maker who lost his job. Those who deny we are facing a na- nothing. His wife, who was in the travel indus- tional emergency today and would jus- People on the other side are not will- try, lost her job. tify—in fact, demand—congressional ing to talk about this is too much He said yesterday: My wife and I action to strengthen homeland defense money or maybe they don’t like the have worked hard our entire lives. We are suffering from the worst case of po- way we are spending the money. They earned everything we got. Unfortu- litical myopia I have ever seen. In all are saying: We don’t want this because nately, like many thousands of Ameri- my years in the Senate I have never we don’t believe there is an emergency cans, we have run into hard times. We seen a clearer choice for Senators. in this country, and we are going to want to use the system as it was in- Mr. REID. I ask my friend—Senator raise a point of order that this is not tended to be used to get us back to BYRD spoke earlier today, prior to the emergency spending because there is work as fast as possible with a market- point of order having been filed, and I no emergency. able skill set. Unfortunately, that can- asked: Did I hear, Senator BYRD, they I have trouble following that rea- not be done in 6 months in today’s are going to file a point of order that soning. I wondered if the Senator from economy. That is why we need your this is not an emergency? Massachusetts had any line of rea- help now, not 6 months or a year from And he answered: Yes, they are. They soning to amplify the reasoning on the now. We need it now or we may very have filed a point of order that the plan other side. It appears he does not. well become a statistic on the welfare S11760 CONGRESSIONAL RECORD — SENATE November 14, 2001 roles, putting even more of a tax bur- Taxes? The Republican plan provides sound fiscal policy. It is unfair, and it den on the American public. tax relief for millionaires and profit- is ineffective. My colleagues on the other side of able corporations, even if those cor- Unemployment—my gosh, people are the aisle will argue this is not an emer- porations cut jobs. The Democratic out of work. Our plan says let’s add 13 gency. Last month saw the biggest 1- plan provides tax cuts for working fam- weeks to unemployment insurance. Our month increase in unemployment in 21 ilies and businesses that invest and plan, under the work of Senator BAU- years. Nearly 7.5 million Americans are create jobs. CUS and many other Senators on our now out of work. But, of course, those The Republican plan spends $121 bil- side, says let’s reform unemployment who are discouraged workers and are lion to speed up the tax cut rates in the insurance and let’s cover part-time not counted as unemployed are not in- $2 trillion tax cut enacted earlier this workers. Economists tell you every cluded in the statistics. Those who can year. Under the Republican plan, every dollar of unemployment insurance paid only find part-time jobs and cannot millionaire in America will receive to unemployed workers expands the really support their families on those over $50,000 in tax cuts over the next 4 economy by $2.15. This is a win-win. jobs are not included in the statistics. years and, by contrast, the Republican Can’t we help people flat on their backs And all of the working poor people plan would put zero into a typical fam- who, in turn, will consume with that who work almost 52 weeks a year, 40 ily of four with an annual income of additional assistance? hours a week, and still do not make $50,000 a year, precisely the kind of poverty wages, they are not included family, if given help, that is more like- What happened to people in New either. Analysts warn that another 1 or ly to consume and put resources back York, what happened to people at the 2 million workers could lose their jobs into our economy. Pentagon, what happened to people in over the next 12 months. I think it The Republican plan has numerous Pennsylvania, what has happened in could be worse than that. The unem- tax breaks for multinational corpora- our country has taught all of us that ployment rate is 5.4 percent, up .5 per- tions. The most egregious is the repeal we need each other as never before. cent from the previous month, and it is of the alternative minimum tax. Re- There is a great sense of community. going to continue to go up. Consumer funds go all the way back to 1986, 15 People are trying to help one another. confidence is at the lowest level it has years ago; $22 billion cost over 10 years. I think we understand in a certain pro- been in 7 years. As Nobel Prize winner Joseph Stiglitz found sense that we all do better when All of this combined with lagging said: we all do better. Can’t some of that consumer confidence can perpetuate a The GOP plan would put zero, yes zero into community spirit apply to what we are downward spiral. Consumers, fearful the hands of a typical family of 4 with an an- doing in the Senate? about the future, will spend less, which nual income of $50,000 a year. Giving tax re- Don’t tell all of the men and women will cause us to sink even deeper into lief to corporations for past investments and who are out of work in Minnesota and AMT repeal may pad their balance sheets recession. all across the country, and their chil- These are difficult economic times. but will not lead to more investment now dren, it is not an emergency. It is an For many families in Minnesota and in when we need it. Bailouts for airlines did not emergency for them. It is an emer- the country, this is also a situation stop them from laying off workers and add- ing to the country’s unemployment problem. gency for their families. And it is an where time is not neutral; time is not emergency for our country. on their side. If they do not get an ex- The Democratic plan, by contrast, tension of unemployment benefits, if provides immediate tax rebates to 45 The Republican plan says that if you they do not have any health care cov- million Americans who did not receive go beyond New York and you go beyond erage for themselves and their loved rebates last summer, which will spur Virginia and you go beyond Pennsyl- ones, it will be broken dreams and bro- consumer spending and immediate tax vania, you have to have had a 30-per- ken lives and broken families. And my relief to businesses, which will spur in- cent increase in unemployment before colleagues on the other side of the aisle vestment. any of what meager benefits they have want to cast a vote saying this is not Mr. President, 44 percent of the indi- even kick in. Minnesota, as I look over an emergency. vidual tax cuts in the Republican plan past history, in some of the worst re- If you were out of work and you go to the wealthiest 1 percent—it is cessions did not have a 30-percent in- didn’t know where your next dollar was Robin Hood in reverse—the people who crease in unemployment. I am a Sen- going to come from and you were going are least likely to spend the savings, ator from Minnesota. I have to fight to run out of unemployment benefits while only 18 percent goes to low- and for the people in Minnesota. I have to and you were terrified that you would moderate-income families. make sure that for people who are in not be able to support health care cov- Colleagues, get the tax breaks or tax such difficult times through no fault of erage for your wife or your husband or rebates or whatever you want to call their own, we are going to have a safe- your loved ones, you sure as heck it—if you are going to do that—into ty net. The Republican plan will not would consider this to be an emer- the hands of people who will go out and help these people at all. buy a washing machine because they gency. Sometimes we are all too gen- Health care coverage in the Repub- erous with the suffering of others. need it, and they will spend, and that is what we need for the economy. Don’t lican plan is literally an asterisk. Most economists agree on certain Their plan does not guarantee one dime things if we are going to have a suc- go forward with Robin-Hood-in-reverse to laid-off workers to maintain cov- cessful economic stimulus package. tax cuts and corporation tax breaks for erage. In fact, Treasury Secretary This is not just about justice and help- multinational corporations which are O’Neill says he would strongly encour- ing those people who are flat on their already doing fine and are not going to age President Bush to veto any eco- back. This is also about how do we get necessarily even spend in the economy. nomic recovery plan that includes this economy going again? What kind Even worse, most of the Republican health care coverage for laid-off work- of investments do we need to make? All tax cuts take effect after the current ers. The administration said last week economists I know say that for an eco- economic crisis may very well have that if we had too much by way of un- nomic stimulus package to be success- ended. By definition, they are not eco- employment insurance and health care ful, it must be immediate, have an im- nomic stimulus effects. mediate effect; it must be temporary; The last point I make on the tax cut coverage, then people would not have it must put resources in the hands of is telling. The Republican plan is not an incentive to go back to work. Do those who will spend it to stimulate an economic stimulus plan; it is a you know how insulting that is to the economy; and that it will not be shamefaced effort to use our current hard-working people? harmful to our long-term economic in- crisis; that is to say, the misery of Our plan says we will cover 75 per- terests. hard-working men and women who cent of COBRA coverage. Mr. Welcome The Republican proposals by the have lost their jobs and health insur- said yesterday: My God, I can’t afford House and the Senate and supported by ance in this economic downturn, as an 4, 5, or 6—I can’t even remember—hun- this administration fail to meet all of excuse for lining the pockets of dred dollars of a month. I can’t afford these tests, and the Democratic plan wealthy individuals and multinational that kind of coverage. We help families meets all these criteria. corporations. It is the antithesis of like the Welcome family. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11761 Then, for those families who work for an obvious marriage. On the one hand, True, the terrorist attack has also forced small businesses, so they are not eligi- we get the money to first responders. I increased spending at home. But Mr. Bush ble for COBRA, we expand medical as- have been pushing for public safety, for has threatened to veto any spending on do- sistance coverage in the States. In ad- firefighters, and for public health mestic security beyond the $40 billion al- ready agreed. And even that sum is in doubt. dition, we respond to the Governors of money so that we have the antibiotics Half of the $40 billion was money promised to our States. And what were the Gov- and the vaccines, so people are trained, New York; last week New York’s Congres- ernors of our States saying? They were so that emergency doctors are trained, sional delegation, Republicans and Demo- saying: Please add on more to the Fed- so that our public health nurses are crats alike, demanded that Mr. Bush dis- eral contribution to medical assistance trained; food safety; border security; burse the full sum, openly voicing doubt because we are in a recession; we have airport security. At the same time, about whether he would honor his promise. more people out of work; we no longer Senators, you create jobs. So the budgetary cost of the war on ter- have the surpluses. These are hard eco- I don’t really know what is going on rorism, abroad and at home, looks like fairly nomic times, and we need some addi- here. I think there are probably two small change. Even counting the measures things. that are likely to pass despite Mr. Bush’s tional help. threat, I have a hard time coming up with a The Republican plan does not re- No. 1, I think too many of my col- total cost that exceeds $200 billion. Compare spond one bit to the economic pain leagues on the other side, by definition, that with the $2.7 trillion Social Security that we hear about from people in the with their objection, don’t quite get surplus. What will happen to the remaining country. this as an emergency. $2.5 trillion? We are being told by this procedural No. 2, given what they want to do Again, no mystery: much of the money was move by my colleague from Texas that with all of these tax cuts, and repeal actually gone before Sept. 11, swallowed by this is not an emergency. corporate taxes going back to 1986, let last spring’s tax cut, which will in the end I met with some families in Min- me assume they are doing this in good reduce revenue by around $1 trillion more nesota 2 weeks ago. We were in one of faith, because they always do it in good than the numbers you usually hear. And the the workers’ homes. There were some faith, in which case I have to believe administration’s allies in Congress are striv- ing energetically to give away the rest in tax television cameras. I said: Are you sure they believe in the same trickle-down breaks for big corporations and wealthy indi- you want to do this? They said they economics we have been through be- viduals. did. It was a seminar-type discussion. I fore, which put us in such desperate The new round of tax cuts is supposedly in- hardly talked at all. Tell me what your shape. We have been through this tended as post-terror economic stimulus. But concerns are. These are people who trickle-down economic strategy, or recent remarks by Dick Armey give the have long work experience. They had philosophy, or policy. It left us with game away. Defending the bill he and Tom been working most of their adult lives. double-digit inflation, double-digit in- DeLay rammed through the House—the one They are out of work through no fault terest rates, and an economy in shat- that gives hug retroactive tax cuts to big of their own. I think more than any- ters. corporations—he asserted that it would cre- ate 170,000 jobs next year. That would add a thing else, they talked about health Paul Krugman in today’s New York whopping 0.13 percent to employment in this care coverage. They certainly are hop- Times has an op-ed piece that makes country. So thanks to Mr. Armey’s efforts ing for unemployment benefits to tide this point. I ask unanimous consent next year’s unemployment rate night be 6.4 them over. A number of them, interest- that his full op-ed piece be printed in percent instead of 6.5. Aren’t you thrilled? ingly enough, talked about job train- the RECORD. Let’s do the math here. This bill has a $100 ing. There being no objection, the mate- billion price tag in its first year, more than If I had my way, we would add some rial was ordered to be printed in the $200 billion over three years. So even on Mr. provisions, including some money for RECORD, as follows: Armey’s self-justifying estimate, we’re talk- workforce development. But, most im- [From the New York Times, Nov. 14, 2001] ing about giving at least $600,000 inn cor- porate tax breaks for every job created. portantly, they talked about their OTHER PEOPLE’S MONEY That’s trickle-down economics without the fears that there would be no health (By Paul Krugman) trickle-down. care coverage at all for their families. You may have seen the story about the Ten weeks ago this bill, or the equally bad Senators, again I hate to put it this businessman who allegedly used the attack bill proposed by Senate Republicans, way, but if it were your family, if you on the World Trade Center to make off with wouldn’t have stood a chance. But now peo- were out of work, if you were worried other people’s money. According to his ac- ple who want to give the Social Security sur- that you wouldn’t be able to afford cusers, Andrei Koudachev stole $105 million plus to campaign donors think they can get COBRA, and there wouldn’t be enough that had been invested with his firm, falsely away with it, because they can blame Osama asserting that the sum had been lost in the to help you if you were eligible for bin Laden for future budget shortfalls. collapse of the towers. It’s not entirely clear They say every cloud has a silver lining. COBRA, and if there were not a specific whether he is accused of stealing the money The dust cloud that rose when the towers fell benefit that would enable you to still before Sept. 11, then using the disaster to has certainly helped politicians who don’t be able to provide health care coverage cover his tracks, or of taking the money want you to see what they’re up to. for your families, I guarantee you after the fact; maybe both. It’s too bad that so many of our leaders are Mr. WELLSTONE. Mr. President, as would consider it an emergency. he said: It is an emergency for many families trying to pull the same trick. Just before Sept. 11, political debate was in our country. We must respond to The new round of tax cuts is supposedly in- dominated by the growing evidence that last tended as post-terror economic stimulus. But this economic pain. In the words of spring’s tax cut was not, in fact, consistent recent remarks by Dick Armey give the Rabbi Hillel, if not now, when? with George W. Bush’s pledge not to raid the game away. Defending the bill he and Tom Then there is homeland defense, Sen- projected $2.7 trillion Social Security sur- DeLay rammed through the House—the one ator BYRD’s proposal on which many of plus. After the attack, everyone dropped the that gives huge retroactive tax cuts to big us worked. I have said a lot of times, as subject. At this point, it seems that nobody corporations—he asserted that it would cre- I am sure every Senator has—I guess will complain as long as the budget as a ate 170,000 jobs next year. That would add a we reached different conclusions—with whole doesn’t go into persistent deficit. whopping 0.13 percent to employment in this fire chiefs, first responders, they told But two months into the war on terrorism, country. So thanks to Mr. Armey’s efforts we’re starting to get a sense of how little me. I sure learned it back then. People next year’s unemployment rate might be 6.4 this war will actually cost. And it’s time to percent instead of 6.5. Aren’t you thrilled? are anxious and people are worried. start asking some hard questions. Let’s do the math here. This bill has a $100 Please get an infrastructure of public At the beginning of the week we learned billion price tag in its first year, more than safety and, yes, public health. that the war is currently costing around $1 $200 billion over three years. So even on Mr. Dr. Michael Home is from Minnesota. billion per month. Oddly, this was reported Armey’s self-justifying estimate, we’re talk- Dr. Home has made their case in a as if it were a lot of money. But it’s only ing about giving at least $600,000 in corporate compelling way. Get the money to our about half of 1 percent of the federal budget. tax breaks for every job created. That’s communities because people will be In monetary terms, not only doesn’t this trickle-down economics without the trickle- look like World War II, it looks trivial com- down. safe where they live, where they work, pared with the gulf war. No mystery there; and where their children go to school. how hard is it for a superpower to tip the That is what my colleagues on the We need the resources. balance in the civil war of a small, poor na- other side of the aisle are proposing, In the homeland defense part of this tion? At this rate, even five years of war on trickle-down economics without the bill that we brought to the floor, it is terrorism would cost only $60 billion. trickle down. At the same time, they S11762 CONGRESSIONAL RECORD — SENATE November 14, 2001 are now trying to make the case that maybe it was only 15 Members of the has been a very steady increase in con- we don’t have an emergency, so we Senate, including the Senator from sumer spending over the last 10 years. can’t get an extension of unemploy- Minnesota, who voted against the Until recently, there was a very steady ment benefits to people who are flat on bankruptcy bill. I hope a vote of 84 to increase in manufacturing investment. their backs, we can’t make sure they 15, or something like that, tells you But in the last three or four quarters, have health care coverage for their what a good piece of legislation we had. there has been a tremendous downturn families or for their children and their But in regard to bankruptcy, to allay in investment in manufacturing. Chair- loved ones. They are profoundly mis- anybody’s fears about what bankruptcy man Greenspan believes that by accel- taken. legislation does, even at a time when erating depreciation, we will be able to If these are the differences between we are in the midst of a war on ter- create jobs, stimulate the manufac- Democrats and Republicans, then these rorism, and we have had an economic turing economy, and get that segment are differences that make a difference. downturn because of that terrorist ac- of the economy back on the road to re- I could not be prouder than to stand tivity, anybody who cannot pay their covery and create a lot of jobs in the out here on the floor and get a chance debt will still be able to go into bank- process. to be 1 of 100 Members who get to speak ruptcy. So, again, I do not think Republicans for what we have proposed as an eco- What we are trying to do through can be accused of not being sympa- nomic recovery plan. It is not all that this bankruptcy reform legislation thetic when we are following the advice I would want—my colleagues know me; that is now in conference between the of Chairman Greenspan on fiscal and I always push for more and more and House and the Senate is for those who tax policies. His point of view ought to more—but I think it would make a dif- have the ability to repay—who under be respected in that area the same way ference. present law can go into chapter 7 and a large share of the country respects I am so profoundly disappointed that get off scot-free—will have to pay. his view on monetary policy, as now 10 we have out here a procedural objec- We are talking about people with the times he has reduced the rate of infla- tion. ability to repay their debts and who tion to help the economy. My gosh, go to town and talk in the are gaming the system to get away The Senator from Minnesota must Cafe Wilmer or any number of other with financial murder. They are not also not be aware of the fact that our coffee shops in Minnesota. People say: going to be able to do that anymore. proposal has in it help for those who Say what? There was a procedural ob- In regard to the comments of the are going to lose health insurance be- jection that this wasn’t an emergency? Senator from Minnesota and other Sen- cause of being unemployed. In fact, if Say what? But you know that I don’t ators who have talked about the non- you look at the Democrat proposal, have to explain that. Senators on the concern people on this side of the aisle again, as I said yesterday, by the time other side of the aisle and those who might have about people who are un- they get their program implemented, we will be out of a recession. And, we support the Senator from Texas will employed because of the terrorist at- have a plan that will get help to the have to explain that. tacks of September 11, the whole pur- I would like to finish with one other pose of this legislation is to address people who do not have health insur- point. This is a small point. I see my economic problems that exist because ance within 30 days after the bill is signed by the President of the United colleague from Iowa out here on the of the terrorist attacks of September States. floor, and a Senator whom I like so 11. Their plan creates Federal bureauc- Where we have separation from peo- much that I will have to get into this racy, a new Federal program, Federal ple in the other political party is the with him as well. rules and regulations. Just think of the I note that today there is a meeting fact that a lot of people on the other months it is going to take to get all of the ‘‘bankruptcy reform’’ conference side of the aisle are taking advantage that in place. Plus, there is an un- of the September 11 terrorist attacks, committee. Colleagues and Senator funded mandate on the States to put a and also the economic problems result- GRASSLEY, a good friend, being out of parallel bureaucracy and program in ing therefrom, to put a lot of legisla- work is the No. 1 reason that people place for the purpose of dispensing help tion on the agenda that would not oth- file for bankruptcy. Medical bills are to people who are unemployed but erwise be on the agenda. the No. 2 reason. This is no time to be probably 9 to 12 months down the road. What we are trying to do is what pushing through this bankruptcy bill, We already have a program in place which is too punitive and too harsh and Chairman Greenspan advises us to do— where we can get help to those people which will make it hard for people to to do those things that are stimulative within 1 month after the President rebuild their lives. and related to the downturn in the signs the bill. I always thought the credit card economy, directly related to the propo- To say that we have no concern companies got way more than they de- sition of September 11. about the unemployed, then let me ask served. I never thought it was bal- First of all, I do not think the Sen- the Senator from Minnesota, how come anced. But this is no time, colleagues, ator from Minnesota gives the Presi- we have provisions in our bill to extend to push through a harsh bankruptcy dent any credit for being concerned unemployment compensation by 13 bill in these economic times. about low-income people who are hurt weeks, which is not exactly, but is There are too many colleagues out as a result of this because in a way of along the same lines of what their here who want to speak. If I continue addressing, in a bipartisan way, the party suggests? to go on, it could be for another 3 stimulus needs of our Nation, the So all along there is a division that is hours. So I yield the floor. President has already provided for tax being drawn between Republicans and The PRESIDING OFFICER. The Sen- payments, rebates, whatever you want Democrats that is not the tradition of ator from Iowa. to call them, to low-income people to this Senate, surely not the tradition of Mr. GRASSLEY. Mr. President, I help the demand and consumer side of the Senate Finance Committee that thank the Senator from Minnesota for the ledger. And, obviously, that pro- writes tax legislation and unemploy- giving me an opportunity to talk about posal by our President that is in the ment and health-insurance-type legis- bankruptcy. I haven’t had a chance. Republican proposal as well has some- lation. There is no point in having it Mr. WELLSTONE. I want the floor how not come to the attention of the because this Senate will get nothing back. Senator from Minnesota. So I bring done unless it is done in a bipartisan Mr. GRASSLEY. I haven’t had that that to his attention, that the Presi- way. opportunity for a long time. By the dent of the United States has already I hope we have set the stage for some way, I am supposed to be in the con- addressed that. votes this afternoon that will show ference in 2 minutes. I am not going to Second, we have followed the advice that this Senate is only going to ad- be there because I want to respond to of Chairman Greenspan, who said there dress the stimulative needs of this the Senator about not only bankruptcy ought to be incentives for investment economy in a bipartisan way. The but also about these tax provisions. in manufacturing. As the chart I sooner we get that bipartisan process That is to remind the Senate—particu- showed you yesterday—that is not in underway, the better. I think that will larly the 17 Members of the Senate, or this Chamber today—indicates, there happen. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11763 (Mr. JOHNSON assumed the chair.) Most disturbing is the Senator’s own economy. If we wait until 2004 and 2006, Mr. GRASSLEY. But I also want to admission that her accusations are the economy does not benefit from address some remarks that were made baseless. When stating that the House those reductions at a time when it yesterday by Senator BOXER regarding economic stimulus bill was a ‘‘reward must. That time is right now because the Republican caucus stimulative pro- to their biggest contributors,’’ Senator of the terrorist attacks of September 11 posal. Under normal circumstances, I BOXER said—and I quote—‘‘It is how I and the downturn in the economy. would just let these types of remarks feel. It is my opinion. It’s not a fact.’’ We will talk more about individual go unanswered as typical political This type of inflammatory rhetoric is income tax cuts later. I turn to Sen- rhetoric, tinged with inflammatory useless. It does nothing to further ator BOXER’s primary objection—alter- untruths. But these days are hardly America’s economic recovery, and it native minimum tax relief for Amer- normal circumstances because the Sen- does nothing to further a bipartisan so- ican businesses. ate is not working in its usual bipar- lution, a solution that is absolutely I would like to propose a terrible tisan way. So I want to respond to necessary for the Senate to get to a idea. Why don’t we enact a provision those remarks. final product. that increases taxes when companies The American people have called I hope, for the sake of the American are struggling to stay afloat and then upon us to act, both in the defense of people, this sort of nonsense will stop. reduces their taxes when the compa- our country and to restore our econ- It is time to put dignity back into the nies are profitable? I think my col- omy. Everyone in this Chamber recog- debates of the Senate Chamber. leagues would agree that sounds like a nizes the impact of the horrific events Senator BOXER did have two specific dumb idea. I would offer an amendment of September 11 and their impact on objections to the House bill. It was the on this, but the problem is, we have al- the economy. House bill she objected to, not the Sen- ready enacted it. It is what we call the Republicans and Democrats have dif- ate bill. The House bill is not the Re- alternative minimum tax. ferent ideas on the best way to stimu- publican Senate caucus proposal. They Republicans have been vilified by late the economy. There is nothing new differ significantly, including with re- Democrats for including AMT repeal in about this. They merely represent dif- gard to two issues to which Senator an economic stimulus package. Let’s ferent approaches to the same problem. BOXER objects. Nonetheless, when a ask the question: Why do we include For the past month and a half, I have Senator expresses concern about a leg- corporate AMT in an economic stim- been pleading with Democrats to find islative proposal, the Senator’s con- ulus package? Because corporate AMT the common ground in our differing ap- cerns should be addressed in a respon- worsens an economic downturn when it proaches. The American people expect sible and dignified manner. That is increases taxes as corporate profits de- us to work together to find common what I would like to do. cline. ground for our Nation’s common good. Senator BOXER objected to accel- Explain that again. If that doesn’t Stimulating the economy and winning erating the income tax cuts scheduled sound reasonable, it isn’t reasonable. the war on terrorism is the most imme- to occur in 2004 and 2006. She also ob- But that is what the law is, because diate. This can and must be done, and jected to alternative minimum tax re- AMT, the alternative minimum tax, is it will be done before we adjourn for lief for American businesses. I will ex- imposed only when the AMT tax ex- this year. plain why the Republican caucus be- ceeds the amount of regular corporate But just when we hope that construc- lieves those issues are important to income tax. AMT is calculated by tive bipartisanship can begin, it is economic recovery. starting with regular taxable income slapped down by the type of accusa- One of the greatest weaknesses of and then adding back certain deduc- tions that were made yesterday by the Senator BAUCUS’ stimulus package now tions that were taken in computing the Senator from California. I would like before the Senate is that not one dime, regular taxable income. One of the to state what has been stated by Sen- not one red cent, goes to provide relief most significant deduction add-backs ator BOXER. for people who go to work every day, is depreciation. Senator BOXER said the Republican pay their bills, and may be clinging to Consider this very simple example. If approach for stimulating the economy their jobs with their fingertips during regular taxable income falls to zero, was using the events of September 11 this economic downturn. We believe then a depreciation add-back will cre- to—and I quote—‘‘pay back’’ its ‘‘big- that reducing the Government’s take ate alternative minimum tax taxable gest contributors.’’ from these people’s paychecks will give income which will be taxed at the AMT She called the Republican approach them more resources to ride out the rate of 20 percent, even though the ‘‘nothing less than unpatriotic.’’ current economic downturn and will company owes no regular income tax. As I said, normally I would dismiss spur increased consumer demand over Regular income tax does not have to such reckless remarks as typical poli- the next year. fall to zero for this to occur. When in- tics, designed to pit American against Besides, money spent by individuals vestment costs and other expenses in- American to gain a political edge. But in the private sector turns over many crease in proportion to a company’s these are not normal times. These are times more in the economy and does taxable income, which occurs during an times when Americans expect us to more economic good than if spent here economic downturn, the company may work together. through the Federal budget. It is really still owe alternative minimum tax. What is truly shocking, and offensive just a matter of common sense, then. Companies that have these higher for that matter, in the Senator’s com- People need more of their money dur- fixed costs include manufacturing, con- ments is that many items in the Re- ing tight economic times. If they have struction, mining, energy, utilities, publican Senate caucus proposal are more money available, they feel more wholesale/retail, transportation, agri- items that were recommended by financially secure and are more likely culture, and other capital intensive in- Chairman Greenspan, former Treasury to spend. dustries. Secretary Robert Rubin, or are in- We only are talking about speeding In 1997, a study for the Brookings In- cluded in Senator BAUCUS’s Democratic up a decision that Congress made ear- stitution concluded that manufac- proposal. lier this year, a bill signed by the turing firms could be subjected to al- Bonus depreciation, small business President June 7, a product of the bi- ternative minimum tax when their expensing, net operating loss partisanship of the Senate Finance sales decline by just a mere 5 percent. carrybacks, cash payments to tax- Committee. Last summer this Senate This was largely because of higher payers—tax rebates, if you want to call debated and decided the issue of indi- fixed costs. So one can see the profound them that—enhanced unemployment vidual income tax cuts. The Republican effect that a small economic downturn benefits, additional health insurance caucus proposal would simply accel- has on increasing corporate AMT. coverage, are all areas that are con- erate into next year the individual in- The Joint Committee on Taxation tained in both a Republican proposal come tax cuts that are currently sched- has recommended that the corporate and a Democrat proposal. These are uled to go into effect in the years 2004 alternative minimum tax be repealed areas of common ground. So to call the and 2006. because it is ineffective and inefficient. Republican approach ‘‘unpatriotic’’ is If we make them effective next year, With the Joint Committee on Tax- destructive. It is a distortion. they will immediately stimulate the ation are professional people who work S11764 CONGRESSIONAL RECORD — SENATE November 14, 2001 for both Republicans and Democrats. sions in our stimulus packages, which I yield the floor. They don’t work for the majority. we do, at the same time we punish The PRESIDING OFFICER. The Sen- They don’t work for the minority. prior investments through the AMT. I ator from Michigan is recognized. They work for the Congress as a whole. notice that the Democrats’ bill ex- Ms. STABENOW. Mr. President, I This is their recommendation. empts bonus depreciation from the al- agree with our esteemed colleague who So now you may ask: How would re- ternative minimum tax. So I don’t just spoke that, in fact, the American pealing the AMT have a stimulative ef- know why a Democrat Senator would people are watching us very closely fect? The answer is simple: The alter- blast away at the alternative minimum today to determine whether or not we native minimum tax is a job killer. tax, when even their proposal makes it understand the emergency that so The alternative minimum tax creates a quite obvious that there is something many workers and small businesses strong disincentive for companies to that doesn’t add up here, doesn’t meet and others in our economy are experi- undertake new investments or to keep the test of common sense. encing at this moment. All we have to employees on the payroll. Any activity So Democrats recognize the counter- do is ask the people who have lost their that reduces a company’s regular tax- productive effect that the alternative jobs in the airlines alone. We had an able income, such as keeping employ- minimum tax has on investment. I also emergency in which we had to act im- ees during an economic downturn, in- said that the alternative minimum tax mediately to help the airline industry creases the likelihood of it becoming increases taxes when companies are a few days after September 11. We ral- subject to the alternative minimum struggling to stay afloat, and then it lied to do that, with the under- tax. reduces taxes when companies are prof- standing—at least it was my under- This is because as regular income de- itable. This is because any alternative standing—that we would come back creases, the AMT add-backs become minimum tax paid to the Government quickly and make sure that not only larger as a percentage of regular in- today may offset regular taxes owed in the companies were helped to the tune come. As I said, when investment costs a later year. In effect, the AMT is a of $15 billion, but that the workers and other expenses are large relative to prepayment of a taxpayer’s future in- with the airlines and the airports a company’s taxable income, the com- come tax liability—and it operates as a would be helped. So all you have to do is ask the peo- pany may end up owing alternative no-interest loan from companies to the ple who have been unemployed as a re- minimum tax. This is particularly true Federal Government. sult of September 11, or other economic for capital investments, which may As of today, companies in America circumstances, who work for the air- throw off depreciation deductions. In have made about $25 billion in loans to the Federal Government by prepaying lines, the travel agents, the airport fact, increased investment expendi- venders, the restaurants, and the trav- tures by a company during periods of their real tax liability through the al- ternative minimum tax. This is where el destination cities that have been low profitability can cause a company hurt. All we have to do in Michigan is to switch from the regular tax to the the controversy kicked up concerning the House bill, and it is the thing to ask our auto workers, who have found alternative minimum tax. Therefore, which Senator BOXER most objected. that because of the slowdown they are companies that try to maintain a con- The House bill—not the Senate Re- facing layoffs, or have been laid off— stant level of investment and contin- publican bill—paid back in the year and also the small businessowners in ued employment during an economic 2002 all of the alternative minimum tax Michigan, as well as Michigan farmers. downturn are more likely to pay larger prepayments that I just talked about, I congratulate the chairman of the amounts of AMT. That is why the al- these interest-free loans that have been Finance Committee for his leadership ternative minimum tax is a job killer. extracted from American companies and work in putting together, with We want to create jobs. Particularly over the years. Senator BAUCUS and Senator BYRD, a we want to create jobs and we have a The reason for this is to provide in- package that makes sense for Ameri- Government incentive for increasing stant cash liquidity for companies that cans, for American business, for Amer- jobs at a time of economic downturn. are facing the present economic ican workers, for our communities. But More importantly, the alternative crunch. We would propose something we know that, frankly, there are two minimum tax increases the tax burden different. Senate Republicans would different views of the world at work. during an economic downturn which allow the alternative minimum tax to We have, first of all, one world that may result in deeper and more pro- offset only a percentage of the regular brings us all together behind the Presi- longed economic weakness by reducing tax as it is incurred. That way a cor- dent to face the current challenges and business activity. poration can never completely zero out threats to our country. We are to- So here we have a tax policy already their tax liability with AMT credits. gether on that. I support the President in place that is making the economic So I hope she will consider this and and want him to succeed, as we all downturn worse. According to a recent that this will address Senator BOXER’s need to succeed together. But on the Treasury study, during the economic concerns. economic front, on the homefront, we slowdowns between 1989 and 1991, near- In addition, we would not accelerate have two different views of the world ly 50 percent of America’s largest cor- the AMT tax credits or refund them that have been expressed, both in this porations were subjected to the alter- next year. This should address another Chamber and between those of us who native minimum tax. We can’t afford one of Senator BOXER’s concerns. Yes, support the legislation in front of us to repeat that pattern again. we would also repeal the alternative and the House Republicans on the As Chairman Greenspan said: En- minimum tax, and I know that doesn’t other side. hance investment in manufacturing. satisfy some Senators. I hope these Frankly, they are very different That is what accelerated deprecia- other two provisions of our bill would kinds of economics. One is supply side tion is about. So that is why we have do. economics; give the dollars to those at to do something with a tax policy that If Senators will stop the shouting the top, the largest businesses, the is already on the books and already is and stop talking past each other and wealthy individuals in the country, and there exacerbating an already bad situ- stop making false accusations, we can it will trickle down. We say we don’t ation. So please keep in mind that find common ground to address at least have time for trickle down. We don’t some alternative minimum tax add- part of each other’s concerns. It is pos- even know if it is going to trickle back items, such as depreciation, re- sible to reach consensus on a bipar- down. I have folks in Michigan still late to fixed investment decisions that tisan bill that will stimulate the econ- waiting for the 1980s money to trickle were made years ago during profitable omy. We must do it soon. down to them. We say put money di- periods. They didn’t anticipate what I urge the Senate to do its job and rectly into people’s pockets, small they might be in right now. But they come up with a bipartisan stimulus businesses, the farmers, the unem- are going to be penalized for it and pe- package—one that can be passed by ployed workers, and the moderate and nalized in a way that hurts the econ- this Chamber, sent to conference, and low-income taxpayers’ pockets. omy. signed by the President. The American We are backed up by those who say It is inconsistent, then, to consider people are waiting and they are watch- this is the right thing to do economi- including bonus depreciation provi- ing. cally. I think we have the best of all November 14, 2001 CONGRESSIONAL RECORD — SENATE S11765 worlds in this proposal. It is the best and act in a way that shows they are a Mr. REID. Mr. President, for the in- thing to do economically and it is the priority. formation of my colleagues, we are right thing to do for people. Joseph Our plan is the best economically, working to have a vote around 5:15 p.m. Stiglitz, the cowinner of the 2001 Nobel and it is the right thing to do. We help or 5:30 p.m. If Senators want to speak, Prize in economics, stated: these families by extending unemploy- they should come to the Chamber. We should extend the duration and mag- ment benefits so they can buy gro- That is the general intention at this nitude of the benefits we provide to our un- ceries and pay their bills. It will pro- time. If anyone objects, they should let employed. This is not only the fairest pro- vide health insurance, which has been us know. posal, but it is also the most effective. Peo- talked about today, by helping pay for The PRESIDING OFFICER. The Sen- ple who become unemployed cut back on COBRA to continue health insurance, ator from Wyoming. their expenditures. Giving them more money and we expand assistance to States Mr. THOMAS. Mr. President, it is in- will directly increase their expenditures. through the Medicaid Program. teresting to listen to our friends on the Common sense. What is more likely Consumer spending represents two- other side of the aisle. It is amazing to happen? To give the billions of dol- thirds of our gross domestic product. the message we get. The message is: lars to the major corporations, which Any stimulus package that ignores this Let’s get a bill; we need to do it right the House does through the alternative crucial section of our economy is away. Everyone agrees with that. We minimum tax—and I have a different doomed to fail. Every economist about know what needs to be done to get a view of what the alternative minimum whom I have been reading and talking bill. I happen to be on the committee tax is about. My understanding is that to has said the same thing: It is con- that is involved, and we know how the it was put in place to guarantee that sumer spending, stupid. That means we bill got to this point. It passed entirely everybody, regardless of how wealthy have to put money in people’s pockets with a partisan vote, all Democrats, no they are or how many tax credits or de- so they can turn around and spend that Republicans. Republicans did not have ductions they can take, pays some on behalf of their daily needs. participation in the bill. So this is a form of contribution—contributions to It is consumers who are going to buy bill that is totally partisan. That bill is national defense, to public health and airline tickets, computers, cars, not going to pass. safety, to education, to public services. clothes, and, I might say, coming from We need to work on a bill together. The alternative minimum tax says the great State of Michigan, we hope There is willingness to do that. Talk- that everybody in America ought to they buy a lot of cars. It is consumers ing about passing a bill without recog- make a contribution. who are going to go out to dinner, see nizing what needs to be done is amaz- The House Republicans say that not a movie, and help get things back to ing to me. It is clear what has to be only should some folks not have to normal, as the President has asked us done. make a contribution to our current na- to do. Senators from both sides of the aisle tional defense cost, or bioterrorism Unfortunately, the bill passed by the need to join with the administration cost, or efforts to clean up from ter- House and endorsed by the President and, indeed, with the Members of the rorist attacks, or education, or roads, does little to stimulate the economy or House to put together a bill which we or health care, and all of the other pub- to help the unemployed. It does little can pass. This business of continuing lic services that we have; we should to energize the consumer sector of our to talk about the need and then deny- retroactively pay them for 15 years. economy. It does little to help our ing the opportunity to get together is There is over $45 billion involved in the small businesses that are too often hard to understand. proposal on the House side, and it goes overlooked as tax policy is made and as Everybody here wants to pass a bill. to two major tax cuts, one of which, other policies are determined. There is no question about that. The the AMT, says not only are we going to The House-passed bill overwhelm- question is, How do we do it? And that take away your tax liability in the fu- ingly and unfairly gives tax cuts to becomes increasingly clear. There are ture, but we do not think you should those, frankly, who are not hurting not going to be enough votes to do it have paid anything in the past either, under this economy: the wealthiest without working together. This con- and we are going to retroactively, to Americans who do not have an eco- stant conversation about we need to do the tune of billions of dollars, give you nomic emergency, and tax cuts to the this right away is silly. We all want to back your contributions. largest multinational companies that do something to help the unemployed. I have a lot of small businesses, a lot we want to be successful but not at the We all want to do something for those of farmers, a lot of auto workers, re- expense of our small businesses or our who need help with health care. tailers, service industry folks, waiters, working men and women. We all want to provide more incen- waitresses, all kinds of hard-working I congratulate Senator BYRD and my tives to develop jobs. folks in Michigan who would love to colleagues who have been working to Talk about an emergency. How much have someone tell them: We are going increase our public investments in our have we spent in the last 2 months? to give you back the taxes you paid for homeland security efforts. We all know About $55 billion. The President has the last 15 years. we have to focus investments on bio- said: You do not need to spend more Nationwide, nearly 7 million people terrorism. We have to strengthen our money now. When we need more money are now unemployed. Unemployment in public health system. We need to focus for terrorism overseas or terrorism in my State of Michigan now totals over on those areas that will keep us safe at this country, I will ask for it. And we 268,000 people, and those are not even home, as well as supporting our na- responded when he asked for the the most current numbers as of Novem- tional defense abroad. money. Colleagues are now beginning ber. That is a jump of 74,000 people in I encourage and urge all Senators to to use that technique for passing all the last year and a jump of nearly come together to look at the facts, to kinds of projects they always wanted. 30,000 people just since July. look at what works, look at what the They are very questionable as far as This is an emergency for them. This economists are saying as to how best being an emergency. is an emergency for 268,000 people, to provide an economic stimulus and We need to come together and bring many of whom have children for whom recovery, to put the people of our coun- before the Senate a bill that represents they are caring. They want to make try first as we move forward, and to do the interests of all participating par- sure their children have what they so quickly. ties and pass it. We can do that. Until need and that their families can put This is an emergency. This is an that time comes, the chances are we food on the table, have the health care emergency for American families. This are not going to be successful in mov- they need and that their children have is an emergency for Americans, and we ing a bill along. the resources to go to school, possibly need to act quickly to demonstrate The substitute, of course, spends pay for mom and dad who need some that we understand and that we sup- about $67 billion in the year 2002: About help in their older years. These are port them. $21 billion on temporary business tax people who have worked hard and be- I yield the floor. relief and $46 billion on spending pro- lieve in the American dream and are The PRESIDING OFFICER. The Sen- posals, including Federal payments of now counting on us to believe in them ator from Nevada. individual tax insurance premiums S11766 CONGRESSIONAL RECORD — SENATE November 14, 2001 under COBRA, extended unemployment the other. And we expect to get that of those bills. The House added some insurance for displaced workers, ex- passed? It is not going to happen. provisions we did not have only be- panded Federal support for Amtrak, We can do something, and we can do cause they acted 3 weeks after we did numerous agricultural products, and something with the House if we can and they found some additional prob- other unrelated provisions. come together and put together a plan lems and some additional things that Secretary O’Neill recently said the where there is some involvement, bring could be done which they included in proposal is heavy on spending but will it to the Senate to pass it and pass it their package. Let’s take those. I be- have little stimulative effect on the quickly so we can move forward to ac- lieve Senator HOLLINGS, as well as Sen- economy. complish that which all of us want to ator MCCAIN and Senator HUTCHISON, Moreover, some of its provisions accomplish. are prepared to do that. would have an adverse effect on em- I see the minority leader in the Then it boils down to this question of ployment. An editorial yesterday in Chamber, and I yield the floor. how do you deal with the screeners the Washington Post made the fol- The PRESIDING OFFICER. The Re- themselves. I believe from discussions I lowing observation: The stimulus pack- publican leader. have had today with those who are in- age that passed through the committee Mr. LOTT. Mr. President, who has volved, they are beginning to come up last week includes money for citrus control of the time on this side? with a way that would allow us to growers and buffalo farmers producing The PRESIDING OFFICER. We are move immediately to some changes but electricity from chicken waste. It in- not under a time control situation. give some options, some flexibility, to cludes a tax break in aviation fuel for Mr. LOTT. Mr. President, I yield my- the administration and to the indi- crop dusters; a wage credit designed to self such time as I may consume. vidual airports. What they want in Bil- encourage firms to hire welfare recipi- I do want to comment on a couple of lings may be different from what we ents was extended to businesses in issues. First of all, I want to talk about want in Biloxi and Gulfport, MS. What Lower Manhattan. the job security stimulus package. Be- they want at LaGuardia may surely be So we all want to get this bill passed, fore I do that, I want to talk about the different than what they want in Rapid and I think we have a technique before aviation security package that is being City, SD. Give some options. us where we can do that. We can come considered now in conference. In some places, they may want and together and we can configure a pack- My point has been all along there is have the ability to do local law en- age that does what all of us want, and plenty of room for disagreement, but forcement. The next place maybe a pri- that is to assist those people who now there is also plenty of room for agree- vate company has been doing a good need assistance and provide stimulus ment. We need to get this done. We job or they have the capability to do a for the economy so we can get jobs and knew we had to get this done before good job. In other areas they may need growth back before us and to do it this past Monday when we had the to go to a federalized system. I do not know all the parameters of quickly. Those options are available to crash, very unfortunately, in New York what is being discussed, but in my con- us as soon as we are willing to recog- again. We cannot help but have such versations today with Senator HOL- nize what needs to be done to cause sympathy and concern and feeling for LINGS and Congressman YOUNG, the that to happen. the people of New York who have been chairman in the House, Senator The President has called upon the hit hard again. There are no indica- MCCAIN and Senator HUTCHISON, I be- Congress, specifically the Senate, to tions as to exactly what caused that lieve they have narrowed it down to adopt an economic package, including accident, but it did once again cause where we can get this done. So I would these kinds of things in the outline. people to be sensitive and nervous urge our conferees and the leadership Timing: We need to pass it and get it about the safety of flying. of those conferees, in a bipartisan way, to his desk, the President said, before We in the Congress need to put aside in a nonpartisan way, to get an agree- the end of November. We can do that. our ideological or even regional dis- ment. It is doable today and the Senate Tax cuts: We make sure our tax relief agreements because some of it is a lit- tle bit regional. In some parts of the could vote tomorrow. encourages investment, encourages the That would be such a tremendous in- country our airports are all small, re- flow of capital. dication to the American people we are gional airports, not the super big ones. We need to reform the alternative serious, that we are continuing our ef- We have a little different view of the minimum tax in corporate America so forts as we have over the past 2 months world than they might have in Chicago corporate America does not have to get to get the job done for America. Forget or New York or Los Angeles. We ought penalized during times of declining the philosophy, the party, the region, to put that aside and get this job done. earnings. any of that other stuff we quite often I believe I see movement now, that Create jobs: So often I do not think get tangled up with. It would be so im- we really look down the road as to both sides are beginning to say there is portant to send this bill to the Presi- what we want to be the outcome. If we a way we can get this package agreed dent’s desk the weekend before the can help people, we should, but the real to. Thanksgiving holidays. purpose is to create jobs and to create First of all, there is a misperception. Will it guarantee there will be imme- a stronger economy. We are going to federalize aviation se- diate safety within the limits of human Worker assistance: The President curity, period. There is a matter of de- endeavor? No. But it would be a posi- said we need to spend money on help- grees perhaps, but we are going to re- tive sign that would be well received, ing workers who lost their jobs as a re- quire perimeter protection. We are and it is the right thing to do. sult of the attacks on September 11. We going to require there be a safe and a I think that kind of attitude also ap- need to extend and expand unemploy- good screening provision at all of our plies to this job security or stimulus ment benefits to those workers, said airports. We are going to require there bill, as it is quite often referred to. On the President. I know we need to ex- be an additional check at the gate. We this bill we have kind of fallen back to pand what they call national emer- are going to require cockpit safety. We our old ways. We have the House posi- gency grants which will give the Gov- are going to have sky marshals, and tion. We have the Senate position. We ernors the latitude to take Federal the Federal Government is going to re- have the Republican position. We have monies and apply the money to special quire it and provide the money through the Democrat position. We have the worker needs. a fee system that will be paid for by spending position. We have lots of won- We need an energy plan that encour- tickets. We are going to say this is derful ideas. We have the tax cut provi- ages conservation, exploration, and what our requirements are, these are sions. production. That probably brings about the guidelines, this is the management. What we have is such a hodgepodge a kick to the economy more quickly We are going to make this happen. and such a weighted bill now that it is than most anything else we can do. The House added several provisions not going to happen. What we need to So these are the issues that have al- that were good, and we had some good do is go back to the beginning. We all ready been talked about, and they are ones in the Senate, by the way, that agreed there should be a package to common. We have a bill that is passed are not in the House provisions. We stimulate economic growth and job se- by one party without consultation with ought to take the good ones from both curity. The President, Republicans, November 14, 2001 CONGRESSIONAL RECORD — SENATE S11767 Democrats, the House, the Senate, we are some other options suggested by maybe there is another brilliant idea all said, yes, we need to get this done. the centrist group, suggested by the out there somewhere. I think we ought Will it be a magic wave of the wand President, suggested by CHUCK GRASS- to go for those basics, though, and get to make sure we have that growth? No. LEY, the ranking member of the com- this job done and try not to do any But it could be helpful. mittee. We can work through that. But damage, try to have some positive ef- We agreed we wanted it to be a tar- the important point is we are going to fect, and get it done. geted bill, one that would have some get that done. We have to get that Others have suggested we need addi- immediate positive effect on growth, done. tional spending, homeland security. A not 6 months from now, not a year We are going to have rebates for the lot of what is in that bill we may even- from now, but right now. When we low-income workers who did not get tually do. We may need to do it at started off, I thought everybody agreed the rebate in the earlier round this some point. It hasn’t been requested by on that provision. year. I personally think that is not a the administration and hasn’t even We also said we do not want to do good idea. I didn’t like it earlier, to been analyzed by the committees of ju- something that is going to be negative tell you the truth, because I doubt the risdiction, authorization or appropria- in the long term. We do not want to do positive impact that it really has in tions. To come in here and attach that something that gobbles up a big swath terms of a stimulus in the economy. I to the stimulus and say this is going to of money, taking us deeper into deficit think a lot of people will save it, pay stimulate growth in the economy be- spending after 3 years of having bal- down their credit cards. The argument cause it would spend money somewhere anced budgets and surpluses, and cause is, maybe the lower income people will down the line doesn’t meet the basic interest rates in the long term to go need it and spend it at Christmastime principles with which we started. Some back up. We all agreed we did not want and all that. Maybe it will work. But of the features to which I was most at- to do that, and we all agreed we wanted there is no use debating that because tracted I understand have even been to do it in a way that would have an that is agreed to. We are going to do taken out. immediate stimulative effect. We kind that. The President has agreed to that. So I think we need to do it. of lost sight of that. Democrats want it, Republicans agree There has been discussion that Sen- I do not want to be too critical of the to it, so why are we fussing around ator DASCHLE legitimately does not House bill, but a lot of what they about it? It is a done deal. want to have to negotiate a package on would do would take effect over a pe- Those are the three things the Demo- the floor of the Senate and then go do riod of years. I like that, personally, crats say they care about the most. Re- another one in conference and then but that is not quite exactly what we publicans say we understand and we maybe do a third one with the adminis- had talked about when we started. are going to have to do those three tration. Let’s skip all that. We are not In the Finance Committee we got things. We are going to have to allow going to get a result here in the Senate carried away with a lot of spending. the tax committee workers to work out as we are now set up. This is partisan, There are not many people going to be the details. But I trust them. Senator political. It is not bipartisan. It is not able to convince anybody that it is DASCHLE and I have talked about this. in the spirit in which we have been going to have an immediate stimula- I have talked to the chairman of the working in the last 2 months. We need tive effect. It may be justifiable. It Finance Committee, Senator BAUCUS to take a timeout and say, all right, may be something I would be for in the from Montana, and CHUCK GRASSLEY. I let’s skip all these hurdles and let’s go normal course of events. But it does have faith they are going to work this right to the end game. Let’s get the not meet the criteria we started out out. right people in the room and say: Get talking about. On our side of the aisle, we would this job done. I have never heard so many good argue that while that is the right thing I trust the people who would be in- ideas in my life. Oh, my goodness, yes, to do, it is the human thing to do, it is volved. I trust CHARLIE RANGEL. I trust let’s do this, let’s do that. Every House not really that stimulative in terms of BILL THOMPSON and MAX BAUCUS and Member has a different idea of what we getting more than a dollar back for a CHUCK GRASSLEY. They are the experts. could do to help this sector or that sec- dollar invested. So we need to do that They have done it before. Last year I tor of the economy. It wouldn’t cost which will have an immediate and dra- negotiated on a bill involving the CBI too much, it would only be a billion matic impact on the economy. Yes, we enhancement and the African free here and a billion there and, as Everett do talk about tax relief. We talk about trade bill with CHARLIE RANGEL and Dirksen would say, soon it adds up to individual tax rate cuts. We talk about BILL ARCHER, and we got it done. A lot real money. That is what we have come the importance of the accelerated de- of people said it would never happen: to. preciation for companies to write off You will never make that happen; it is We need to go back to the beginning the cost of their equipment faster. impossible. MAX BAUCUS was involved and do specifically what we said we By the way, I think Democrats agree in that effort, and others. We got it would do. We have to do the human to that, too. The difference is the done. need things. We have to provide more Democrats say we want to do it at 10 So I think the idea we would go unemployment compensation. We are percent over 2 years. Republicans say ahead and go to this, the conference ef- going to do that. The Democrats need we want a 30-percent bonus over 3 fort after these two votes this after- to understand we understand that. We years. Is there a middle ground in there noon, is the right thing to do. The are going to do that. We can argue over anywhere? Does anybody see it? Of American people, would they be hear- exactly how you do it, but it is going to course. So if we agree on the basic ing the Senate is deadlocked? No, that be 13 weeks additional unemployment principle, then we have to work is not what they would hear. What they compensation. The conferees, I am through the percentages and number of would see and what they would hear is sure, will argue about how that would years. We can do that. the Congress once again is going to the apply to the States and what criteria I do think—I have always thought— bottom line to come together on the have to be met before that happens, the alternative minimum tax is coun- right thing for America. Yes, they stat- and they will work it out. It is a 15- terproductive, counterstimulative, and ed their partisan political positions minute discussion, truthfully. does undermine the capital formation and they were beginning to drift back We are going to make sure people we need to have invested in the econ- to their old ways, but then they said who lost their jobs are going to have omy. no, we pulled back from the brink and health insurance coverage. There are It may not be the perfect answer. brinkmanship and said we are going to about three different good plans out Maybe there is another good idea out go to negotiations that will get us a there to be considered. We do not like there. I think Senator DOMENICI has an package. creating a new mandatory health pro- interesting idea with regard to the De- As we are headed right now, none of gram in COBRA. We don’t like that be- cember holiday on the payroll tax. I this is going to pass. We are stalled out cause we think, while it might start off am not saying that should be in there. here. We could have 20 or 25 votes by well intentioned and small, it will ex- It is not one that was considered, I Friday and have nothing but blood all plode to a massive program. But there don’t think, by the committee, but over the place and partisanship to the S11768 CONGRESSIONAL RECORD — SENATE November 14, 2001 maximum degree. Is that what the situation? Are we wondering whether have a hurricane, there is emergency American people want? No. our troops are overseas fighting for spending. When we have earthquakes, Do they want us to find a way to what could be if we did nothing the there is emergency spending. And when come together and get a result? Yes. Is survival of this Nation? terrorists and cowardly people take it going to immediately provide this No emergency? Tell that to the peo- two airplanes and plunge them into the great boost to the economy? I don’t ple of my city who are recovering from World Trade Center, and another and know. It may not. But psychologically the most devastating attack America plunge it into the Pentagon, and a it would help and substantively I be- has ever faced. fourth that we didn’t know where it lieve it could help. No emergency? Tell that to anyone was, and then for weeks there is an- So when we have these two votes, I who goes to an airport and sees the air- thrax and we can’t go back to our of- hope, and I call on my colleagues, let’s port mostly empty and to the millions fice buildings and in every corner of not make this an emergency designa- of others who will not fly. America people are afraid to open up tion. This is a stimulus package. Let’s No emergency? Tell that to the peo- the mail, we do not have an emer- not waive the points of order. Let’s go ple who live near our nuclear power- gency? to negotiation. Let’s get it started. plants and are worried about what Good morning. Go talk to your con- Let’s get it started tonight. might happen there. stituents. Go look at the numbers. I want to say—and I don’t want to No emergency? It is almost as if we There is certainly an emergency. get him in trouble—Senator DASCHLE came together after Pearl Harbor and I think it is an ultimate act of polit- has been very reasonable and I think said there is no emergency. ical trickery almost—certainly con- willing to pursue this type of approach. America has been attacked. We are in volution—to say there is not an emer- So have all the other players. That is a brand new situation where every one gency. Is there a Member of this body what we have to have. It is a bold of us is on the front lines because ter- who has not voted for emergency move. It does take leadership. rorists can use technology to attack spending when there was an emer- But why are we here? To stake out every one of us. gency? positions? To prevail in partisan bat- I remember Secretary Rumsfeld say- Sometimes you just stop and think tle? There will be another day for that. ing that in this war more civilians will and say: What is happening? Why is I hope it is a long time off. Let’s con- die than military personnel because of there a disconnect between Washington tinue to do business the way we have terrorism. and the rest of America? It is because done in the past, the way we have dealt No emergency? Good morning. Am I sometimes perhaps too many get car- with each other, the way we have met dreaming? Am I dreaming that we are ried away with their own words and with each other, the way we have tried debating whether there is an emer- their own ideological beliefs, and they to bridge the partisan and the political gency and that many will vote for the end up with the conclusion that is pat- gap because of the tragedies with fact that we are not in an emergency in ently ridiculous. It is patently ridicu- which we have had to deal. We have America? If this is not an emergency, lous to vote on a bill that has been de- that opportunity here once again. Let’s what is? signed to help our country in one of its keep it going. I think we can be suc- We have been attacked. Our whole most troubled times and say there is cessful if we use that approach. nation is changing. People are afraid. not an emergency. I yield the floor. The economy is tied in a knot because Let me talk about two other parts of Mr. BAUCUS. Madam President, I people do not want to go out and do the the bill. ask unanimous consent that at 5:15 things they took for granted before Again, I thank Senator BAUCUS and p.m. today the Senate proceed to vote September 11. I hope we are not going all the members of the Finance Com- on the Baucus motion to waive the rel- to fiddle while Rome burns. mittee. I thank Senator DASCHLE and evant sections of the Budget Act with That seems to be what the other side Senator REID. I thank all of my col- respect to the emergency designation, is saying. They can make a whole lot of leagues on both sides of the aisle who without intervening action or debate; arguments about the proposal with understand that New York is certainly provided further that at 4:55 p.m., the which Senator BAUCUS has led the Fi- in an emergency. following each receive 5 minutes of nance Committee. I will disagree with Despite our confidence that this closing debate, and in the order listed: many of them. I might agree with some nightmare will soon be over, New Senator GRASSLEY, Senator BAUCUS, of them. But I don’t know who on God’s Yorkers are uncertain about the fu- Senator LOTT, and Senator DASCHLE, or Earth thinks we are not in the middle ture. Very few Americans believe our their designees. of an emergency. It is just utterly city is off the terrorist list, and this The PRESIDING OFFICER. Is there amazing. belief is beginning to take a severe toll objection? Without objection, it is so I would like each person who votes at on our economy. Yesterday, tragedy— ordered. 5 o’clock that we are not in an emer- whether it was accident or not—rekin- The PRESIDING OFFICER. The Sen- gency situation to go home and explain dled that anxiety. ator from New York. it. I would like them to explain it to With Chairman BYRD and Senator Mr. SCHUMER. Mr. President, I my constituents in New York City and DASCHLE at the helm, and with the would like to address this legislation of Rockaway. I would like them to ex- broad support from our Senate col- great importance to my State, to my plain it to the millions of Americans leagues and the great job being done by city, and of great importance to Amer- who are afraid to walk into tall build- our colleagues in the House, Repub- ica. Before the substance of my re- ings or go over a bridge or take an air- licans and Democrats, I am confident marks, I would particularly like to plane ride. that we will ultimately get the disaster thank Senator BAUCUS, chairman of No emergency? Who are we kidding? aid needed to begin to rebuild our dam- the committee, Senator BYRD, Senator If there were ever a time when people aged and destroyed infrastructure. I DASCHLE, Senator REID—all of the lead- in the rest of the country were going to thank all of them for that support. But ership and all our colleagues who have scratch their heads and say there must that is for a later discussion. stood up for New York and for America be something in the water in Wash- What I am here to talk about today in our hour of need. ington because if we ask for this vote, is the need for the tax provisions for I would like to speak to the part of it might seem as if the only 100 people, New York that Chairman BAUCUS has the legislation that affects New York. or 51 people in the country who do not included in his economic stimulus Then I would like to talk generally think this is an emergency are in this package. These provisions are designed about the bill as well. great Senate of the United States. to counter the uncertainty and fear Before I do, I would like to address We are certainly in an emergency. It that we believe may lead companies to the specific vote that we face imme- is a far greater emergency than all the walk away from us. diately; that is, the point of order as to rest of the emergency spending bills Mayor Giuliani, the architect of New whether we are in an emergency or not. that I have voted for in my 21 years in York’s renaissance in the 1990s, and Am I dreaming? Are we debating this Congress. When we have a flood, now the hero in the eyes of so many in whether America is in an emergency there is emergency spending. When we this Nation, will tell anyone who will November 14, 2001 CONGRESSIONAL RECORD — SENATE S11769 ask that the key to the city’s economic In short, we have taken a hit for the your hard work. And I pledge my com- revival begins and ends with the safety Nation. When the terrorists attacked plete and total support for this pack- and the people’s confidence that the New York, they were attacking our fi- age. city is a safe place to live and work. nancial center, they were attacking On another point—and that is about His great city is now threatened not America, and they were attacking the this package—we have put together a by petty criminals but by mad men free world. None of the problems I de- package that is designed to put money half a world away hiding in caves while scribed above was of our making. None in the hands of people, A, who need it murdering innocent men, women, and of these problems was the result of a most, and, B, who will spend it the children. This uncertainty and the fear single thing we had or had not done. quickest. coupled with the sheer magnitude of And none of the assistance that we When I looked at the House bill, I logistical problems created by the at- have requested on either the appropria- was amazed; such a high percentage of tack threaten the entire economy of tions or tax side exceeds what we need the benefits do not even come into ef- this city, the State of New York, and, to simply stay afloat as we begin this fect in 2003, 2004, 2005. Without debating I believe, the Nation as well. daunting rebuilding effort. the merits of those provisions, it was Working or living in New York City, The assistance that Senator BAUCUS obvious someone put their ideological or Manhattan right now is not a pretty included for New York in the stimulus wishes ahead of a need to stimulate the picture. package is designed to send a message economy. Our streets are littered with 37 miles that the Federal Government will not When I even look at the alternative of high-voltage electricity lines that walk away and allow terrorists to de- Senate bill, we all know that many of are but one prankster away from shut- the larger companies that will get ting off power to our Nation’s financial stroy New York City’s economy. I be- lieve people from all over America be- these benefits, especially the ones in center. the bill of my good friend from Iowa, Over 40 percent of Lower Manhat- lieve that. It boils down to specifically three complementary provisions, where will not spend them immediately. tan’s subway infrastructure has been Many of these companies have enough destroyed, adding hours to the daily Senator CLINTON and I, working with the business community, the labor capital to spend on their own. When commute of over 375,000 people who they see a business investment, they community, the small business com- work in the city. will spend it. They will when they see munity, nonprofits, and Mayor All major river crossings—the Brook- an opportunity. Right now they do not Giuliani and Governor Pataki could lyn, Manhattan, Williamsburg, and see an opportunity because average come to the conclusion they are our Queensboro Bridges, and the Midtown, people do not have the money to buy highest priorities. Frankly, we sub- Lincoln, and Holland Tunnels—into the products that they might create. and out of Manhattan are subject to mitted a larger list. The Finance Com- I have talked to large numbers of nightmarish traffic jams because of se- mittee pared it down. But this is about businesspeople in finance and manufac- curity requirements. Yesterday, for in- our bare needs: turing and services. Most of them are stance, they were all shut down be- A $4,800 per employee tax credit to afraid to state this publicly, but when cause of the flight 587 crash. companies that retain jobs—and do not they talk to you privately, they say Nearly 25 million square feet of com- abandon New York—in the area imme- they don’t understand the House bill, mercial office space is destroyed or diately around ground zero; the cre- they don’t really even understand the heavily damaged. The amount de- ation of a special kind of private activ- Senate bill that came from the other stroyed—nearly 20 million square ity bond to lower the cost of rebuilding side, even though it might benefit their feet—surpasses the entire office space New York; and finally, a provision that companies. Their greatest worry is inventory of cities such as Miami and would permit companies that replace that the economy is hurdling south, Atlanta. equipment destroyed in the World Over 125,000 jobs have at least tempo- and that recession becomes deep reces- Trade Center bombing to take a special sion, and deep recession becomes deep- rarily vanished from the area, and the deduction if they replace that property city estimates that at least 30,000 are er recession, and God knows what after in New York. that. gone for good. Not a single aspect of these proposals Noxious fumes continue to emanate To sit here and say that we do not is designed to take businesses from an- have an emergency, and to sit here and from the hole at the World Trade Cen- other part of the country or to accom- ter site creating great concern among say we are going to give money to peo- plish job creation goals we could not ple who are not going to spend it im- workers and residents for their per- obtain before September 11, 2001. We sonal health. mediately, when this is supposed to be have been fully supported by our col- There is a possibility that the Hud- a stimulus bill, makes no sense. son River will bust through a retaining league on the Senate Finance Com- So I fully support the Finance Com- wall and flood the area as the debris is mittee, Senator TORRICELLI of New Jer- mittee package put forward by Senator removed. sey, as well as Senator CORZINE of New BAUCUS, not only because it helps New Insurance companies are demanding Jersey and Senators DODD and York, which is extremely important to 100 percent increases from companies LIEBERMAN of Connecticut, all of whom me and is sine qua non, but because if doing business in New York—simply have stood by and understand that New you want to stimulate the economy because they are located in a con- York’s problem is a metropolitan area and you can ask 100 objective people, firmed terrorist target zone. Some in- problem. non-Democrat, non-Republican, not surance companies refuse to provide in- These provisions are simply designed coming from a business or labor per- surance at any cost. to help us overcome some of the enor- spective, eliminate the ideologues from Mayor Giuliani had to cut $1 billion mous obstacles that Osama bin Laden the left or the right, almost every one from the city budget just to prevent an placed in New York City’s way. of them would choose the package of immediate fiscal meltdown at a time So I, once again, thank Chairman the Democratic Finance Committee. when the need for city services is at an BAUCUS and the members of the Fi- In conclusion, Madam President, No. all-time high. nance Committee. I see my colleague 1, we have an emergency, if we ever had The city of New York is staring at a from New Jersey has come into the one, and we ought to move this bill for- $3 billion deficit next year as a direct Chamber. I thank him for his steadfast ward. result of this crisis. The State’s rev- dedication and his treating our area as No. 2, New York needs help, not just enue loss is projected to be $9 to $12 bil- one. to benefit New York but to help Amer- lion. You have all done the right thing, ica get an important part of our econ- The Comptroller of New York City not only by the people of New York, omy on its feet, and this bill does it. places the economic loss to the city of who are suffering right now, but by the And No. 3, if there was ever a ques- New York and its businesses at $105 bil- people of America. I believe the Na- tion about the need to stimulate the lion in the next 2 years. tion, with this stimulus bill, will be economy now, by giving average folks The incident has caused the first de- much the better. the money they need to buy the things cline in city gross product in over 9 I thank all of you on the Finance that will get the economy going again, years. Committee who have supported us for this is the time and this bill does it. S11770 CONGRESSIONAL RECORD — SENATE November 14, 2001 Madam President, I yield back my each and every additional dollar this ing up to $10 million for bison farmers time. Congress appropriates in fiscal year for the Midwest. The PRESIDING OFFICER. The Sen- 2002 is going to require the U.S. Treas- For each employee they have, Wall ator from Ohio. ury to issue new debt. We are right Street investment bankers would re- Mr. VOINOVICH. Madam President, back to where we were in 1997, the last ceive a $4,800 tax credit, a credit origi- before the tragic events of September year the Federal Government had to nally designed for use in training indi- 11, one of most pressing issues facing issue new debt. As we debate the eco- viduals moving from welfare to work. this Nation was what to do about the nomic stimulus package, efforts to Mr. TORRICELLI. Will the Senator economy. From the spring of 2000 until fight terrorism or anything else to do yield for a question? September 10 of this year, all the indi- for that matter, we must constantly The PRESIDING OFFICER. Will the cators pointed to an economic slow- ask ourselves a vital question: Do these Senator from Ohio yield? Mr. VOINOVICH. I will yield for a down, if not a mild recession, for fiscal new spending initiatives or tax cuts question. year 2002. warrant issuing new debt to pay for Since September 11, the economy has Mr. TORRICELLI. The Senator cited them? The question I am asking the $4.4 billion worth of tax breaks for Am- far worsened. Hundreds of thousands of various constituencies who visit me people have been laid off. Businesses trak. What provision would that be? I asking for more money from the Gov- am the author of the Amtrak provi- and industry are in dire financial ernment is whether or not their re- shape, and consumer confidence has sions. I am unaware of any tax breaks quest is worthy enough to borrow for Amtrak. Amtrak, being a public plummeted. Several friends of mine in money from our fellow Americans to the retail industry have predicted a nu- corporation, doesn’t pay taxes. So it pay for it? That is the question. Again, clear winter for the retail industry this would be hard to give them a break. the circumstances warrant borrowing holiday season, and many Ohio manu- Nevertheless, the Senator made a money to fight terrorism and to boost facturers I have talked to have told me statement about a provision of which I the economy. I supported the $40 bil- they have never seen things as bad. don’t know. For purposes of the insti- Given the challenges these turbulent lion emergency supplemental that we tution, my colleagues would like to times present, I say to my colleagues passed following the September 11th know what tax breaks Amtrak has as a in the Senate—and to the American attacks, and much of that supple- special interest? people as well—we need to focus on mental is going to respond to the needs Mr. VOINOVICH. According to the those measures that will stabilize and we have heard about this afternoon. information I have, under the majority Extraordinary times require Con- grow the U.S. economy. The need for stimulus package, they would end up fiscal discipline is more important gress to take extraordinary actions. We getting a $4.4 billion benefit. And if I today than ever before. will spend what it takes to defend this stand corrected, I am more than happy I am worried that Congress, in its Nation from our enemies and to re- to check that. haste to enact measures to eliminate spond to the needs of our country. The Mr. TORRICELLI. The Senator is very kind to yield. For that, I am very the scourge of terrorism at home and fact that the Federal Government will, grateful. I would like the record to be abroad and counter our recession, is once again, have to issue new debt to correct. Amtrak doesn’t pay taxes so it overlooking the Nation’s long-term fis- fund any new spending highlights how can’t get a tax break. The provision is cal integrity. Earlier in this calendar critical it is that we appropriate these that the States can issue bonds to year, the Congressional Budget Office funds wisely. build high-speed rail lines, and the indicated that the United States would Earlier this year I supported the Federal Government will pay the inter- have a fiscal year 2002 on-budget sur- budget resolution and the tax cut. I est on it. So the Federal Government, plus of $125 billion and a Social Secu- saw a plan whereby increased spending in fact, is helping the States. The tax rity surplus of $156 billion. However, increases would be limited and we breaks go to the States that we rep- given the worsening economic condi- would use the Social Security surplus resent, not Amtrak, not any projects, tion of our Nation over the past year, to pay down debt. It wasn’t too many not any special interests, the States of the most recent calculations of the weeks ago we were talking about this the Union. I include in that the State Senate Budget Committee show that in the Senate. Unfortunately, this is of Ohio. I thank the Senator for yield- the Federal Government is on track to not what has happened. Even before ing to me. have a unified or combined surplus of the events of September 11, Congress was on track to increase overall discre- Mr. VOINOVICH. I thank the Senator $52 billion in the current fiscal year. for refreshing my memory. In essence, the Budget Committee is tionary spending by 8 percent. That follows a 14.5-percent increase in non- The fact is, tax breaks would be saying that the on-budget surplus CBO given to individuals who purchase defense discretionary spending the year estimated for fiscal year 2002 has been State issued bonds. However, in effect, before and another 8.6-percent increase totally wiped out, gone. Two-thirds of the U.S. Treasury ends up paying $4.4 the $156 billion in Social Security sur- in spending the year before that. This pace of spending increases is billion in interest for Amtrak on those plus no longer exists. bonds by giving up tax revenue from just unsustainable. I support the need What is more, the stimulus package individuals who purchase such bonds. for a stimulus package. I have been the Senate is considering will cost ap- That is the point I was making. proximately $75 to $100 billion. To pay working with members of the Centrist The movie industry would receive ex- for that package, the $52 billion in So- Coalition to craft a balanced bill that pedited depreciation for their capital cial Security surplus will be gobbled will help spark our economy by getting assets. Chicken farmers would get a up, and the Federal Government is businesses to boost investment and tax credit extension for converting going to have to issue somewhere be- which helps raise consumer confidence chicken waste to energy. The list goes tween $23 and $50 billion of new debt and gets the American people spending on and on. this fiscal year. again and responds to the financial and Over in the House, one of the biggest In addition, the Federal Government health care needs of the unemployed. items in their stimulus package would likely will end up a lot further in the Sadly, though, the bill reported out repeal the corporate minimum tax and financial hole because Congress will of the Finance Committee last week repay more than $20 billion retroactive pass additional supplemental spending appears as if Christmas has come a to 1986 and give some of the major cor- measures as the fiscal year progresses month early. In fact, some of the provi- porations in this country a big tax and disasters and other emergency sions of the majority stimulus measure bonus. issues inevitably arise. The President as well as the measure that was passed As reported in the November 11 edi- said he may be coming back to Con- by the House, are nothing more than tion of the Washington Post, 16 compa- gress later this fiscal year for more handouts for any number of special in- nies in particular, many in the energy money as he finds the need to respond terest groups. field, would receive more than $7 bil- to some of the issues that some of my For example, under the majority lion in immediate tax refunds. While a colleagues have been talking about. stimulus bill, Amtrak would receive number of the specific proposals in ei- My point in going through these $4.4 billion in tax breaks and $3.5 bil- ther package might give a boost to cer- numbers is to highlight the fact that lion to subsidize farm products, includ- tain areas of the economy, we need a November 14, 2001 CONGRESSIONAL RECORD — SENATE S11771 bill that will give us what truly are the out of general revenues, or more bor- in recession for the first time in over a best stimulus proposals, the ones that rowing. What we are doing today will decade, now is the time for Congress to will give us the biggest bang for the have a large impact down the road. act to help hard working Americans. buck for both the economy and our un- In order for this Nation to deal with The Baucus-Byrd legislation will employed workers. these looming responsibilities, it is strengthen consumer confidence as Another important factor we should critical that we have our fiscal house well as public safety. consider is whether these provisions in order and have a robust economy. An already struggling economy was stimulate the economy in the short run The first obvious step to ensuring that dealt a crippling blow by the Sep- without causing a fiscal hangover that we can meet these obligations is to get tember 11th terrorist attacks. In order lasts many years. In brief, they need to spending under control and return to to best jumpstart the economy, each be temporary. reducing the national debt, as we did part in the stimulus package has a sub- One such provision I support as part the last 3 years. stantial effect in the short-term, the of the stimulus package is a temporary I am heartened that our President greatest impact for the money spent, extension of unemployment benefits said he will veto an emergency supple- and no great cost in later years. I be- for up to 13 additional weeks for those mental spending measure being devel- lieve that the Baucus-Byrd stimulus who have been hit hardest by the reces- oped by some of my colleagues. I stand package is directed toward boosting sion. In addition, I believe families who squarely behind the President, and so business and consumer confidence in through no fault of their own find do 36 signatories of a letter Senator the future. America’s workers need assistance themselves relying on unemployment BUNNING and I circulated several benefits should not have these benefits months ago. This letter reinforced the now. Today, with more than 7 million Americans out of work, the Nation is reduced further through taxation. fact that we would uphold a Presi- suffering through its highest level of Therefore, I propose, as part of the dential veto of excessive spending. unemployment in 20 years. More than package, an interim suspension of the The fact that the Treasury will once half of unemployed people do not qual- taxation of unemployment benefits. We again be issuing new debt to finance ify for unemployment, and the vast should do that. the operations of the Federal Govern- majority cannot afford health coverage Several weeks ago I met with Federal ment makes it that much more impor- under our current system. As of mid- Reserve Chairman Alan Greenspan to tant that Congress work together— September, there were 10,888 unem- discuss the state of the economy and work together—on a bipartisan basis to ployed people in Vermont, a season- the need for a stimulus package. Per- make the hard choices and prioritize ally-adjusted unemployment rate of 3.2 haps the most important point he made our spending. percent. Approximately 27,200 to me was that the Congress should As I have traveled across my State Vermonters will claim unemployment consider the net effect of any stimulus over the past 2 months, I have seen the insurance in the next year, according package, not just the gross amount of anxiety on the faces of my constitu- to estimates from the Department of ents. The thing that is giving them a the dollars involved. In other words, Labor’s National Employment Law great deal of comfort is the fact that don’t just focus on the size of the tax Project. Of those, 3,536 will exhaust they believe the President is doing a cuts or the dollars spent but look at their unemployment benefits during good job, that he is 100 percent focused the net effect on the economy when all that time. is said and done. on protecting the Nation’s interests The Senate’s economic recovery plan If the stimulus package that Con- and he has put those interests ahead of addresses these problems by providing gress adopts leads to chronic budget partisan politics. unemployment insurance and health deficits, either through increased The American people also believe coverage for laid-off workers, tax re- spending or revenue reductions, it is Congress is doing the same thing, and bates for middle and low-income people going to drive up interest rates. Make we must not let them down. One of the who need immediate relief, and tax in- no mistake about it, the financial mar- things we need to do is understand that centives for small businesses to encour- kets are watching us. we are facing a much different ball age immediate investment in new The Senate lays claim to the title game than we have ever faced before. plants and equipment. ‘‘world’s most deliberative body.’’ As This is not 5 years ago, 10 years ago, 15 One of my primary goals in the wake George Washington said, ‘‘We pour leg- years ago; this is a new ball game for of the September 11th attacks has been islation into the senatorial saucer to all of us. The people have anxiety; they to increase the security of our border cool it.’’ are fearful and angry. They are looking with Canada. Over the past decade or At this time in our history, it is crit- at us, and they are wondering: Are you more, the northern border has contin- ical that the Senate takes on its role going to work together for our inter- ually been shortchanged. While the and thinks carefully about the long- ests, or are you going to go back to number of Border Patrol agents along term fiscal consequences of its actions. partisan politics again and put your the southern border has increased over Intellectually, this means Congress particular party’s interests above those the last few years to over 8,000, the must hold the line on spending and of the people? number at the northern border has re- that any increased spending should be Madam President, we can work to- mained the same as a decade ago at 300. limited to measures that truly raise gether, and we must if we expect to get Even as the northern border was in- domestic and international security a bill to the President by the end of the creasingly discussed as an attractive and efforts that truly stimulate our month. The eyes of America are upon route of entry into the United States economy. us to see if we have learned that this for terrorists, Congress failed to rectify I also remind my colleagues that the Nation’s interests are bigger than our this imbalance. events of the past couple of months, own partisan interests. We began to make up for this pattern momentous as they have been, do not I pray that the Holy Spirit enlight- of neglect with passage of the USA PA- change the fact that the baby boomers ens this body to understand the enor- TRIOT Act last month. That law au- are aging and approaching retirement. mous impact our decision will have on thorized a tripling of the number of When 2011 rolls around, the baby the future of our Nation and on the Border Patrol officers, INS Inspectors, boomers will start to retire by the tens quality of life of its citizens. and Customs agents in the States that of millions. I yield the floor. share a border with Canada. It also au- Unavoidably, the cost of a host of Mr. LEAHY. Mr. President, I rise thorized $50 million each to the INS Federal social programs also will in- today to commend Senators BAUCUS and Customs to improve the tech- crease significantly. Chiefly, I am talk- and BYRD for crafting a reasonable and nology used in monitoring the border ing about Medicare. A few years latter, appropriate economic stimulus bill. and to purchase additional equipment. the Social Security Program will begin The package they have brought for- This law provides the basis for improv- to pay out more money in benefits ward balances tax relief, assistance for ing our security, but we must now en- than it will collect in payroll taxes. unemployed workers, and spending for sure that these proposals are funded. The difference between those inflows homeland security and economic recov- This stimulus bill provides the first and outflows is going to have to come ery. With the United States economy step. S11772 CONGRESSIONAL RECORD — SENATE November 14, 2001 Senator BYRD proposes an additional new home, with a new baby. Families is theirs. That is what the deceased $327 million for U.S. Customs—$31 mil- wanted to mourn, but there wasn’t a husbands or wives would have wanted. lion to be used for new staffing which lot of time because in 2 weeks a mort- It is for their children and for their fu- could result in as many as 350 new gage payment was due, in 3 months a tures, not the Government. agents. Coupled with the 285 new tuition payment was due, that weekend Fourth, the bill provides help for agents for the northern border funded there were groceries to buy, and there those who were fortunate enough to in the Treasury Postal Appropriations were no more paychecks. For them, it survive the attacks, but for those thou- bill earlier this year, we are on the way is a crisis that never goes away. sands who had injuries current law ex- to addressing the shortfalls felt by the In the legislation before the Senate, cludes disability benefits from income Customs Service in the north. there may be things Senators like and if a U.S. employee is injured in a ter- This bill also appropriates over $700 there may be things they do not like. rorist attack outside the United million for INS to improve INS facili- There may be points of controversy. I States. This legislation will extend the ties and border infrastructure to help trust there is one thing upon which we same benefit to those citizens of the better secure our country. While I had can all agree. I am very grateful that, United States injured in a terrorist at- hoped more money and attention would on a unanimous and bipartisan basis, tack and receiving disability benefits. have been dedicated to the staffing Members of the Senate accepted, under Fifth, there is no better statement shortfalls, I am confident we can ex- Senator BAUCUS’s leadership, an about America than the hundreds of pand these initiatives in the supple- amendment I offered that will change millions of dollars donated to private mental appropriations bill scheduled to the tax status of families who lost a charities since September 11, but there move after the Thanksgiving holiday. family member on September 11 at the is the question of the tax liability of We will need to show continued vigi- World Trade Center, the Pentagon, or families who receive some of this as- lance on this issue. For too long, we through the anthrax attacks in recent sistance from employers, friends, fam- have ignored the needs of the northern weeks. ily, or charities. Under the provision of border and been complacent about our The amendment I offered is based on the bill, we have made it far easier for security. We no longer can afford such an aspect of current American law. If, charitable organizations to make pay- complacency. under the statutes of our country, a ments to victims and their families and The proposal would also include $600 member of the military is lost in an en- for companies to establish private million for additional FEMA fire- gagement abroad, or a civilian em- foundations to help the survivors with fighting grants. This money would ployee is killed by a terrorist act short- and long-term needs. allow state and local communities to abroad, they will incur no tax liability Indeed, any payment from an em- expand and improve their firefighting to the U.S. Government for that year. ployer to a victim or family for per- programs. Over 50 percent of the fund- When that provision was written, I sonal, living, family, or funeral ex- ing would go to volunteer fire depart- have no doubt it did not occur to Mem- penses will be tax exempt. ments in rural communities. bers of the Congress that victims would It clarifies that payments made by Again, I thank the Chairman of the not be people in the service abroad but airlines, as well as Federal, State, and Finance Committee and the Chairman would be civilians at home; that the local governments as a result of the at- of the Appropriations Committee, for front lines would not be in Latin Amer- tacks are also not to be taxed. bringing forward this important legis- ica, Africa, or Asia but in New York, The Senate may debate much of this lation. America’s national security New Jersey, or Virginia. But that is legislation. As one Senator who rep- must not be left behind as Congress the world in which we live. The laws resents hundreds of these victims and considers an economic stimulus pack- must be changed accordingly. their families, much may be nego- age. The Finance Committee, therefore, tiable. Some things may be excluded, The PRESIDING OFFICER. The Sen- has put before the Senate a provision but one thing must stand. When this ator from New Jersey is recognized. that changes the tax laws to relieve year is concluded, no American who Mr. TORRICELLI. Madam President, the liability of these tragic families. found a member of their family on the in the legislation before the Senate on First, income tax liability for this front line of the war against terrorism economic recovery, we are, of course, year and last year is waived. No fur- should be held liable for taxation of the focused on those who have lost their ther payments will be paid and refunds U.S. Government for charitable, gov- jobs, those businesses and unions that will be received when appropriate. ernmental, family, or other assistance. are in distress, and our various commu- Second, we recognize that many of What last dollars these family mem- nities. those who worked at the World Trade bers may have earned for their wives or But there are some American fami- Center or even in the Pentagon were husbands or children surely by justice lies for whom September 11 is not a not salaried employees of considerable must be their own. On this provision, memory; it is a crisis in their lives means but may have been performing we should all insist. that they wake up with every morning. janitorial services or were service em- Madam President, I yield the floor. I am speaking about the families of ployees or worked in the restaurant at The PRESIDING OFFICER. The Sen- those who perished—the 5,000 husbands the World Trade Center. With modest ator from Alaska. and wives and thousands of children for means, their families face great obliga- Mr. MURKOWSKI. Madam President, whom September 11 will be a day they tions to plan their futures. They may I inquire of the time remaining. I un- will live with for the rest of their lives. not have paid Federal income tax. derstand there are several of us who Nearly 600 of the dead were from my Therefore, the second provision waives want to speak. State of New Jersey. Senator CORZINE FICA taxes or payroll taxes that were The PRESIDING OFFICER. There is and I have begun meeting with the hus- paid and may be owing for these fami- 12 minutes remaining before controlled bands and wives of those deceased. It is lies. time begins. an experience I wish every Senator Third, many of the families of the de- Mr. MURKOWSKI. I wonder if I may could share. It becomes so common to ceased are now in the process of exam- speak for 31⁄2 minutes. speculate on whether September 11 has ining the wills of the dead that say The PRESIDING OFFICER. The Sen- changed America forever. I don’t know. what is available for children, wives, or ator from Louisiana. But I know that when I meet with husbands. Under the Finance Com- Ms. LANDRIEU. Madam President, I these widows and widowers, America mittee legislation, there is estate tax inquire, under the agreement, how has forever changed for them. relief for the first $3 million in assets much time was I allocated? We debate the economic con- from Federal and State estate taxes. The PRESIDING OFFICER. There is sequences for our country. I want you There is $8.5 million of Federal estate no allocation of time for the Senator to consider the economic consequences tax relief. from Louisiana. for them, what the morning was like, It is generous, but it is appropriate. Ms. LANDRIEU. I ask unanimous not of September 11 but of September Whatever money is to be left for many consent that the Senator from Alaska 12, when a husband or a wife was gone. of these families is all the income they have 3 minutes, that I have 7 minutes It could have been a young family in a will know for the rest of their lives. It of the remaining time, and I see the November 14, 2001 CONGRESSIONAL RECORD — SENATE S11773 Senator from Delaware. How about 5, 5, penditures that would be stimulated by terrorist on our shores. There have and 5? opening up this area. Can we do it safe- been thousands of businesses and mil- The PRESIDING OFFICER. That will ly? Certainly. lions of people in jeopardy because of exceed available time. The arguments against opening that attack. Mr. MURKOWSKI. I correct the Sen- ANWR are the same that prevailed 27 This Government, under the Con- ator from Louisiana; I asked for 31⁄2 years ago against opening Prudhoe stitution, and all that we know about minutes. Bay. We have the technology to do it. our Government, has a responsibility Ms. LANDRIEU. I ask unanimous The American labor community sup- to those individuals to help provide consent for 31⁄2 minutes for the Senator ports it. It is the right thing to do to economic recovery. That simply is from Alaska, 41⁄2 minutes for myself, stimulate the economy, and we should what this package does. This is not an and the remaining time for the Senator not wait any longer. It is truly a stim- entitlement. This is not a special inter- from Delaware. ulus. It belongs as part of this bill. est. Our country exists to help us pro- The PRESIDING OFFICER. Without I hope my colleagues will reflect on a tect and defend ourselves, and that is objection, it is so ordered. better stimulus they can identify that what workers and businesses are trying The Senator from Alaska. meets that criteria: It does not cost to do. They have been attacked, and Mr. MURKOWSKI. Madam President, the taxpayer one red cent; 250,000 di- Government has a right to respond and I thank my colleague for her coopera- rect jobs; generation of about $3.6 bil- respond in this way. tion. I will be brief. We are talking lion directly into the revenue stream of The package before us provides some about a stimulus package, and I want this Nation. very important help to keep these busi- to address a specific stimulus package My time is up. I thank my col- nesses open, to help people continue to that I think is most appropriate rel- leagues. I ask for their consideration. receive a paycheck so they can pay ative to the business at hand before We will have a vote on this amend- down their mortgages. Think about this body. ment. this: Our Army, our Navy, our Air As we all know, the question of stim- The PRESIDING OFFICER. The Sen- Force and Marines are assembled all ulus means different things to different ator from Louisiana. over the world to keep Americans or people. Senator CRAIG of Idaho offered Ms. LANDRIEU. Madam President, I keep foreign armies from taking homes an amendment, H.R. 4, on the stimulus am proud to support the Baucus-Byrd away. Whether they come on to our bill today. I intend to pursue that and stimulus and economic recovery pack- shore and take our homes away by con- bring that matter up. age and believe that it is exactly the fiscating the building or whether It is important to understand just right package at this time to defend, homes are taken away because the what H.R. 4 does. It is the legislative protect, and make our Nation stronger. homeowners inside cannot pay their portion of the President’s comprehen- The preamble to our Constitution mortgage, what difference does it sive energy program that aims to se- states that the purpose of our Federal make? The home is gone. cure America’s energy future with new Government is ‘‘in Order. . .to provide Senator BAUCUS has been working national energy strategies that reduce for the common defence, promote the morning, noon, and night to come up energy demand, increase energy sup- general Welfare, and secure the Bless- with a package to help Americans pay ply, and enhance our energy infrastruc- ings of Liberty to ourselves and our their mortgage. We can ask Americans ture and our energy security. It is Posterity.’’ who live in Louisiana or Montana, truly a stimulus bill. The Framers of our Constitution, what difference does it make if they do It is supported by an extraordinary Madam President, as you know, were not have their house? So let us craft a group of Americans: the veterans very deliberate; they were very exact; stimulus package that helps businesses groups, the American Legion, Veterans they were very careful in the wording stay open, workers pay their mortgage, of Foreign Wars, Vietnam Veterans. I of these documents that helped to cre- people be able to use their benefits. could go on and on. It is supported by ate and sustain our Nation. For that This package that has been put to- the Hispanic groups. It is supported by reason, it strikes me as very important gether by Senator BAUCUS, Senator those over 60, America’s labor commu- that the first priority of our Govern- DASCHLE, Senator REID, and the Demo- nity, senior citizens, small business, on ment is to provide for the common de- crats recognizes the responsibility for and on. fense. I believe the Baucus-Byrd stim- common defense. It also recognizes it Why is it so significant inasmuch as ulus economic recovery package does does not really make a difference how it is and should be a part of this bill? I exactly that. Let me explain. a person loses their home. The loss is challenge each Member of this body to We fund a military operation whose the same, and let us fashion a package identify a greater stimulus associated sole purpose is to protect American that helps them. with the House bill, H.R. 4, which is lives, our property, and our well-being. Give 75 percent of COBRA premiums now part of the stimulus package, in Our lives, our property, and our well- for displaced workers. In Louisiana, stimulating the economy with at least being are at risk because of the attack these premiums cost $7,000. That rep- 250,000 direct jobs associated with the we are under. resents 75 percent of the unemploy- building and opening of ANWR. Fur- This is a two-pronged war in which ment check. So if we do not provide thermore, the revenue of about $3.6 bil- we are engaged: We are engaged in Af- health care, it is as if a foreign army lion going into the Federal Treasury ghanistan on the ground trying to find came and took over a hospital and from lease sales would go directly to the people and groups responsible for stood at the door with a machine gun offset some of the cost of our war on the attack on the United States and and said, no, we know that you are terrorism. our allies, and we on the homefront are dying and need surgery, but you are What would it cost the taxpayers? trying to keep our Nation standing up not going to have access to this hos- Not one red cent. As we look at the under this attack. pital. If we do not give COBRA pay- stimulus package objectively, let us I ask my colleagues: What would it ments, it is the exact same. People recognize what it is. It is a spending matter or what difference would it cannot use the hospital. It is the same package, but this portion is not. This make to a businessperson if his or her thing for unemployment. would be funded by the private sector. business were destroyed by a terrorist So I want to strongly urge this pack- The oil industry would bid on these in a direct attack or if his or her busi- age for Louisiana, for our Nation, and leases in my State of Alaska, the rev- ness were destroyed due to the impact to say that for the nonproliferation enue would flow to the Federal Govern- of a terrorist attack? issues it is a direct risk to our Nation ment, and the employment would stim- The business is lost just the same. if we do not invest in ridding this world ulate the economy and jobs. We can come to this Chamber in a bi- of weapons of mass destruction. There would be at least six new tank- partisan spirit and support our mili- I yield back my time. ers built in U.S. shipyards that would tary, and I do. The military is to pro- The PRESIDING OFFICER. The Sen- be operated by U.S. crews, and it would tect our interest, our lives and our ator’s time has expired. fly under the American flag. This is livelihood. There are thousands of fam- The PRESIDING OFFICER. The Sen- hundreds of millions of dollars of ex- ilies who have been directly hit by a ator from Delaware. S11774 CONGRESSIONAL RECORD — SENATE November 14, 2001 Mr. CARPER. My colleagues have September 11, in the way of an exten- mon challenges facing our country. I heard me say a number of times, re- sion of unemployment insurance and believe deeply that the very best thing flecting back on the last 8 years when an added hand in maintaining health we could do right now to restore the I served as Governor of Delaware, that coverage for themselves and their fam- confidence of consumers, investors, and we always had in place a litmus test ilies. Additionally, the Baucus package business leaders alike would be to work that we applied when we considered provides assistance to the City of New together to pass a bipartisan economic proposed tax cuts. The litmus test was York to help with that city’s heroic ef- stimulus package. that those proposed tax cuts should be forts to recover and rebuild from the I believe there is still an opportunity fair. They should stimulate the econ- devastating events of September 11. to come together across party lines and omy and create jobs. They should sim- Second, the bipartisan budget com- between the two chambers to achieve a plify the Tax Code. And they should be mittee principles stated that a stim- reasonable compromise that will serve consistent with a balanced budget. We ulus package should equal approxi- the best interests of the country and need a similar set of guiding principles mately one percent of GDP, including extend the spirit of bipartisan coopera- as we debate the stimulus package that the fiscal impact of all of the various tion here in the Congress. The only is before us, and as it turns out there is actions taken by Congress since Sep- way we can hope to reach agreement such a set of guiding principles. tember 11. The size of the Baucus pack- on the fine details at the end of the The process of working out a bipar- age, at $70 billion over the next 12 day, however, is if we remain true tisan economic stimulus package months, is slightly less than the $75 throughout the process to the broad began shortly after the attacks of Sep- billion requested by the President. On principles that we agreed to at the out- tember 11. The White House and con- the other hand, when combined with set. gressional leaders from both parties the other measures passed since Sep- I believe that Chairman BAUCUS has met jointly and, in consultation with tember 11, it is slightly more than the kept faith with the bipartisan prin- Chairman Greesnspan and former one percent of GDP proposed by Chair- ciples that were proposed by Chairman Treasury Secretary Robert Rubin, they man Greenspan and Secretary Rubin Greenspan and Secretary Rubin and agreed upon a bipartisan set of prin- and agreed to by the bipartisan leader- were agreed to by the bipartisan lead- ciples for an affective and responsible ship of the budget committees. ership of the budget committees and by package. Those principles were agreed Third, the bipartisan budget com- the Centrist Coalition. I believe that he to jointly by the bipartisan leadership mittee principles stated that measures has negotiated in good faith. For that of the House and Senate budget com- included in a stimulus package should reason, Chairman BAUCUS has my sup- mittees, as well as by the Centrist Coa- be limited in time, so as not to push up port. I hope he will have the support of lition here in the Senate. long-term interest rates and so as not all centrists here in the Senate, wheth- I stated at the outset of this process to make permanent our recent reliance er Democrat, Republican, or Inde- that I would use these bipartisan prin- on the Social Security trust fund to pendent. ciples as my guide as we considered make up for renewed on-budget defi- The PRESIDING OFFICER. The time economic stimulus legislation here in cits. The recommendation of the bipar- of the Senator has expired. the Senate. I have conveyed that mes- tisan leadership of the two budget com- Under the previous order, the Sen- sage to all of my constituents who mittees was that all measures should ator from Iowa is recognized. have written me on this subject or who sunset within one year. The sunsets in Mr. GRASSLEY. Madam President, I have talked to me about the issue at the Baucus package conform with that believe I am recognized for 5 minutes? town hall meetings. I also conveyed the recommendation. The PRESIDING OFFICER. The Sen- same message very early on to Chair- Fourth and finally, the bipartisan ator is correct. man BAUCUS and both leaders. budget committee principles stated Mr. GRASSLEY. Our leader also Since this debate has, unfortunately, that to keep the nation on track to pay would have 5 minutes. I have talked to become much more partisan of late off the national debt over the next dec- Senator LOTT, and he said since he than it was in the beginning, it’s help- ade, outyear offsets should make up spoke this afternoon perhaps Senator ful to look back at those bipartisan over time for the cost of near-term eco- NICKLES would like to speak. So I hope principles that we started with. Chair- nomic stimulus. And this is really Senator NICKLES or somebody else from man BAUCUS deserves great credit for where Chairman BAUCUS deserves great our leadership can come and speak. If sticking to the spirit as well as the let- credit. The cost of his plan over the they do not, I will be glad to do it for ter of those principles from beginning next decade—the effect it will have on them, but right now I will take 5 min- to end, even as he has come under long-term interest rates and on our utes. great pressure from all sides. ability to finance the retirement of the Madam President, over the last sev- First, the bipartisan principles stated baby boom generation—is one-third eral days, we have heard about how that a stimulus package should accom- less than the stimulative impact of his this process of getting to a stimulus plish three objectives: restore con- plan over the next 12 months. package started with a set of principles sumer demand; increase business in- This combination of significant that presumably both Republicans and vestment; and help those most vulner- short-term stimulus with relatively lit- Democrats on the budget process, as able in an economic downturn. tle long-term cost is precisely what the well as the finance process, have agreed On the consumer side, the Baucus bipartisan leadership of the budget to. package provides, as the President has committees called for at the outset of Democratic Senators have particu- requested, rebate checks to the 45 mil- this process, but it is easier said than larly been reminding us of this process lion taxpayers who either did not get done. Just consider that the package of having a stimulus package agreed to checks this fall or only got partial passed by our counterparts in the with a whole set of principles. They checks this fall. House is 60 percent more costly over have been reminding us of this, and On the business side, the Baucus the next decade than it is stimulative they have particularly been reminding package provides specific tax incen- over the next 12 months, or that the al- us as they criticize the House bill on tives to encourage businesses to invest ternative our friends on the other side the stimulus. They also used it to criti- again in America and to do so imme- of the aisle are offering here in the cize a proposal I released a few weeks diately. In particular, the Baucus pack- Senate is nearly 50 percent more costly ago that represented the thinking of age includes a provision the President over the next decade than it is stimula- the Republican caucus. requested to allow businesses, large tive over the next 12 months. As is often the case, not every prin- and small, to recover immediately a I regret that this process has become ciple fits everything they want to talk greater portion of their investment as partisan as it has. I have been very about, and so what one of the principal costs. heartened since September 11 to see proponents of the bill that is before the In terms of assistance to those most the President and Members of Congress Senate—and that is the Democratic affected by the current downturn, the from both parties working together in caucus bill—has failed to mention is Baucus plan provides help to those a bipartisan, bicameral fashion to craft that none of the stimulus provisions workers who have been laid off since commonsense solutions to the uncom- should be industry specific. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11775 It seems that adhering to principle is There being no objection, the mate- sumers to spend and for entrepreneurs and in the eye of the beholder because the rial was ordered to be printed in the small businesses to retain and create more bill that came out of the Finance Com- RECORD, as follows: jobs; Giving relief to low and moderate income mittee and is before us now as modified EXECUTIVE OFFICE OF THE is laden with industry-specific provi- workers to put more money back in their PRESIDENT, pickets; sions, contrary to one of the principles OFFICE OF MANAGEMENT AND BUDGET, Providing partial expensing to encourage that has been talked about in the stim- Washington, DC, November 14, 2001. businesses to invest and make new pur- ulus package that is agreed to. Statement of Administration Policy chases; and We have specific measures in this bill H.R. 3090—Economic Recovery and Assist- Eliminating the corporate alternative min- before us targeted to Amtrak, to broad ance for American Workers Act of 2001 imum tax, which, if unchecked, imposes job- The Administration opposes passage of killing higher taxes during an economic band, as well as specific agricultural H.R. 3090 as reported by the Senate Finance crops and even bison, if one can believe downturn. Committee. The Administration believes The President has also called for swift ac- it. We have an incredible expansion of that it is crucial for Congress to quickly pass the work opportunity tax credit. I have tion to help dislocated workers, through ex- a stimulus bill that will help get the econ- tensions of unemployment benefits and supported this tax credit which was omy going again following the terrorist at- health care assistance programs that can be meant to help welfare recipients find tacks of September 11th. This bill in its implemented without delay. work, but in the Finance Committee present form will not accomplish this goal. Unlike the version of H.R. 3090 reported by Instead of providing broad-based tax relief bill before us this credit has been gro- the Senate Finance Committee, the Presi- to restore economic growth, this bill is an tesquely distorted to give this tax cred- dent’s framework would boost the economy, assembly of provisions that do not provide help displaced workers get back to work it to companies in New York invest- immediate economic stimulus and are not quickly, and create several hundred thou- ment firms and banks who hire mil- appropriate to this bill. For instance, $5 bil- sand more jobs. Accordingly, the Adminis- lionaire stockbrokers and lawyers. lion is set aside for agricultural programs, tration urges the Senate to reject the Fi- Can you believe that? Tax credits for including payments for bison meat, and more nance Committee approach and instead to millionaires; that is what the Demo- than $4 billion is directed to tax credit bonds work in a bipartisan manner to craft an eco- for Amtrak. crat bill stands for. nomic stimulus package that reflects the Furthermore, some of the proposals in H.R. Another principle Democrats have President’s principles and encompasses pro- 3090 as reported by the Senate Finance Com- emphasized is these measures should be visions that will provide an immediate and mittee would require at least six months to temporary, and they insist any tax effective stimulus to the Nation’s economy. measures cannot be more than 1 year one year to take effect due to their unprece- dented nature, the need for new Federal reg- PAY-AS-YOU-GO SCORING long, but we have all kinds of spending ulations, and the requirement for new health Any law that would reduce receipts or in- measures in this mix that will have insurance authorizations from State legisla- crease direct spending is subject to the pay- long-term impact. We also have a bond tures. Proposals that effectively start next as-you-go requirements of the Balanced provision in the Democrat plan that summer and purportedly end next winter Budget and Emergency Deficit Control Act. the taxpayers will be paying for not 1 will neither provide immediate assistance Accordingly, H.R. 3090, or any substitute year but over 30 years. If that does not for displaced workers nor rapid stimulus for amendment in lieu thereof that would reduce establish a double standard, I do not the economy. Indeed, economic growth could revenues or increase direct spending, will be know what does. suffer substantially as a result of these pro- subject to the pay-as-you-go requirements. We have a Washington Post editorial visions. In contrast to the President’s pro- OMB’s scoring estimates are under develop- that is on a chart behind me. I am not posal to give prompt aid to displaced work- ment. The Administration will work with ers and provide broad-based tax relief that Congress to ensure that any unintended se- going to go into detail about reading will speed their reemployment, this bill’s un- quester of spending does not occur under cur- the whole article, but the headline is precedented expansion of unemployment in- rent law or the enactment of any other pro- ‘‘Meet Patriotic Pork.’’ The editorial surance and the new health care entitle- posals that meet the President’s objectives. argues that Members are cloaking ments would likely increase unemployment Mr. GRASSLEY. Madam President, their underlying agenda under the by hundreds of thousands of workers next this so called stimulus package in- name of patriotism and in the fight year. These provisions have one feature in com- cludes a lot of money for agriculture. against terrorism. The editorial criti- Since I am the only working family cizes the House bill, which I also agree mon however: each is likely to permanently expand the size and scope of the Federal gov- farmer in the Senate, I think it’s im- goes too far, but the editorial goes on ernment and its control over programs, such portant that I point out the biggest to say that ‘‘the Senators who larded as unemployment insurance, that have al- problems with the agriculture spending this bill in committee ought to be ways been under State purview. we are considering. ashamed of themselves.’’ The Administration also notes that the The first problem that I see involves Madam President, that kind of says proposed expansion of the work opportunity the section on commodity purchases. it in a nutshell. My objective is to tax credit is duplicative since the Adminis- work to make this bill a product of tration has decided it will direct $700 million This section has been described by the which we will not be ashamed; we will in Community Development Block Grant chairman as a list of agriculture com- have a product of which neither Demo- (CDBG) funds to New York to aid businesses modities which have experienced low affected by the terrorist attacks. The Ad- prices in the 2000 or 2001 crop year. Due crats nor Republicans will be ashamed. ministration’s decision was the result of con- I know we will have a product of which to what has been described as an ‘‘eco- sultations with both New York State and nomic shortfall’’ experienced by these the chairman of the committee, Sen- city officials. ator BAUCUS, will not be ashamed. And The Administration is opposed to efforts to commodities the chairman would like I will be for it. attach additional discretionary spending to to institute a short-term purchase pro- We need to get that process going. the bill. The Administration and Congress gram. We need to do whatever it takes to agreed to limit discretionary spending to In the past, when I sat on the Agri- make sure this bill will accomplish our $686 billion and to provide $40 billion for the culture Committee, we did provide goals, then, of helping the economy emergency response to the terrorist attacks. short-term relief for specific commod- These funds are more than adequate to meet and the American people. Right now, it ities. But before we provided that relief foreseeable needs. This agreement should be and spent tax dollars we justified that is obvious it does neither and our coun- upheld. try deserves better. So this partisan, The Administration urges the Senate to spending by reviewing economic data pork-ridden, lobbyist-written bill needs work together across party lines to pass a re- which defined the problems specific to be stopped, and we will stop it. Once sponsible economic stimulus package that commodities were experiencing. this happens, then as things go in the will provide an immediate boost to the econ- I know that the Agriculture Sub- Senate, reasonable heads will prevail, omy. The President believes that the best committee on Appropriations has also and we can sit down and work out a bi- way to retain and create jobs is through tax worked on similar assistance packages, partisan compromise that meets the relief that improves incentives to work and and I would bet my farm on the fact invest while restoring consumer and business that they also justify the cost by re- greatest needs of the Senators and we confidence. The President has set out the fol- can vote for it. lowing four principles for achieving these viewing the loss. I ask unanimous consent to have goals: My point is that if we are going to printed in the RECORD a statement of Accelerating marginal income tax rate re- spend hundreds of millions of dollars position of administration policy. ductions to provide more money for con- on these commodities, doesn’t the S11776 CONGRESSIONAL RECORD — SENATE November 14, 2001 other side need to at least show us the The message we will be sending is, My final point is that if this amend- data that led them to include these ‘‘there is no need to take care of your ment had been successful we would commodities? I am the ranking mem- own risk, Uncle Sam will help you have been asking a mission area of ber on the committee, and I have not cover your losses. And in turn you pun- USDA to engage in the single largest heard from one farmer in America that ish the family farmers who bought in- expansion of any mission in years, and this is needed. Let us start this discus- surance to manage their own risk. to do so without an undersecretary. sion as any committee with jurisdic- I know that under this program there In summary, the Senate Agriculture tion over this issue would. Show us the is a small premium for producers who Committee seems to be unable to man- average price of these commodities and carry insurance, but this program does age its own business so I guess it is try- what percentage of loss they have expe- not allow more than the worth of the ing to ‘‘pass the buck’’ to the Finance rienced. At least show us when and crop. So, if the farmer has insurance Committee. These are not light-heart- where the loss occurred. that covers his loss, he does not get ed issues and the impact of these provi- While we are talking about where, much out of this program. sions will affect both short and long where are these commodities located? It looks like to me we are ques- term policy considerations and prece- Specifically, which regions of the coun- tioning the policy established in the dents. try benefit from this section. We would crop insurance law that the majority of Madam President, I’d like to take a have asked this question in the Agri- us supported. Isn’t this really a ques- few minutes to respond to remarks culture Committee, why is no one ask- tion that should be debated at length? made earlier today by our distin- ing it now? Where are these commod- Shouldn’t the long-term ramifications guished majority leader. The majority ities being produced? of this decision at least be considered? leader criticized three of the four pro- For instance, where is the majority How do we tell farmers to follow the posals in the Senate Republican Cau- of bison slaughtered? I did a little re- direction established in the crop insur- cus’ stimulus proposal. search and found that one cooperative ance law and manage their own risk by The three proposals the majority in North Dakota processes over 60 per- purchasing affordable insurance tools leader criticized are: one, the accelera- cent of America’s bison meat. In fact, while we are rewarding those that have tion of the marginal tax rate cuts from this facility, is the world’s first proc- chosen to save their money and take the bipartisan tax relief package en- essing plant devoted exclusively to on more risk by not purchasing crop acted earlier this year; two, the repeal bison meat. insurance? of the corporate alternative minimum I am not trying to tell everyone that If the Finance Committee is now the tax; and three, the 30 percent bonus de- there might not be a need for us to pur- committee of jurisdiction for crop in- preciation. I would like to address his general chase bison meat. Who knows, maybe surance, I think these questions should criticisms of the proposals. Senator the Senators from North Dakota can be addressed. DASCHLE made the following points: show us that there is a real need for The third point I want to bring up is one, the proposals were the same old bison to receive some sort of assist- the $3 billion to clear the ‘‘backlog’’ of ‘‘leftover’’ tax cut proposals; two, that ance. But, under this bill, even billion- Rural Development loan and grant ap- Senate Republicans were using the aires who dabble in bison ranching will plications at USDA. I realize that this September 11 events to push ‘‘ideolog- get taxpayer assistance. is now being deleted from the chair- ical’’ measures; and three, that these What I am trying to demonstrate is man’s bill, but the Senate was sub- proposals had been ‘‘unanimously’’ re- that this isn’t the committee of juris- jected to this awful policy during the jected by economists, editors, gov- diction for USDA programs and if the markup and up until today, so I think ernors, and others. Democrats want to give the Finance it is worth mentioning. I will respond to these general criti- Committee jurisdiction over USDA be- When I read that provision for the cisms one by one. cause the Agriculture Committee can- first time my first though was, ‘‘How On the first one, the ‘‘leftover’’ argu- not handle its own workload, we should important is it to clear the backlog at ment, I would like to point out that, review this as the Agriculture Com- Rural Development quickly?’’ with the exception of the marginal rate mittee should, or as any committee The reason I ask this question is due acceleration, none of these proposals should review an issue before spending to the fact that the legislation required were included in any tax cut bill con- American tax dollars. funds be made available only after the sidered by the House or Senate for this The second problem I see is the re-es- next fiscal year 2002 Ag. Appropriation year or last year for that matter. As a tablishment of the Natural Disaster funds had been exhausted. matter of fact, bonus depreciation has Program. Under this program, pro- Don’t we usually provide enough not been on the table for nearly a dec- ducers are compensated if their crop funds based on the need and ability of ade. These proposals arose subsequent losses are more than 35 percent of his- USDA to process the applications dur- to September 11 as a response to the toric yields. We enacted this program ing the next fiscal year? major economic problem of declining last year to help farmers deal while we Under the chairman’s proposal, we business investment. So let us not were getting the Agriculture Risk Pro- would have had to first spend the fiscal characterize these proposals as left- tection Act up to speed. For those of year 2002 allocation before we used this overs. you who do not remember, the Agri- new money. How many new jobs would Let us go to the ‘‘ideological’’ point. culture Risk Protection Act was the this money have created in six months? Again, with the exception of the mar- crop insurance bill we spent $8 billion Not many if we didn’t run out of fiscal ginal rate acceleration, these proposals taxpayer dollars on to avoid this spe- year 2002 funds until August or Sep- were not Republican agenda items. I cific scenario. tember. ask: Does anyone recall signs at the Congress allocated $8 billion dedi- It is sad that the press had to inform Republican Convention with ‘‘bonus de- cated to getting the government out of the other side how poor this idea was preciation’’ or corporate AMT relief? the disaster business by making crop instead of the Republicans and Demo- This charge was coupled with an alle- insurance more affordable. The chair- crats working together because I guar- gation that Republican Senators were man would lilke to reinstitute a pro- antee you, if anyone on the Democratic using the events of September 11 to ad- gram that compensates producers if side of the aisle had asked me I would vance these so-called ideological pro- their yields fall off. Sounds a lot like have pointed this out immediately. posals. Of course, these proposals were crop insurance to me. This was terrible policy. specifically designed to respond to the Why are we tyring to provide pay- Just to let everyone know, I con- economic downturn. Indeed, in a ges- ments to producers who have chosen tacted USDA about the provision the ture of bipartisanship that has not not to buy insurance? I can see why we Democrats pulled and they told me been reciprocated, Republicans, led by did this in the past, but now that the that if those funds had been made the President, put on the table a pro- law is in place the U.S. government is available USDA would have needed an posal that certainly cannot be called a subsiding the cost of insurance on extra $100 million in salaries and ex- Republican priority, a supplemental re- wheat at about 55 percent for the fam- penses to get all of the possible loans bate. In another gesture of bipartisan- ily farmer. and grants out the door within a year. ship, again with no reciprocation by November 14, 2001 CONGRESSIONAL RECORD — SENATE S11777 the Democratic Leadership, Repub- There being no objection, the mate- the end of the third quarter, productivity in- licans, led by President Bush, took off rial was ordered to be printed in the creased by more than two percentage points. the table, an arguably stimulative pro- RECORD, as follows: As economic data watching goes, that re- markable observation is as good as it gets. posal, capital gains tax cuts. [From the Asian Wall Street Journal, Nov. 7, Historically, productivity has almost al- Actions speak louder than words. 2001] ways declined sharply just before a recession I agree with one part of the majority A SILVER LINING and softened further during a recession. This leader’s statement. That is, neither (By Kevin A. Hassett) ‘‘procyclical productivity’’ pattern is so reli- side should use the events of Sep- The U.S. Federal Reserve’s 50-basis-point able that an entire literature exists explor- tember 11 to advance ideological objec- rate cut Tuesday came in response to a flur- ing its cause. The current consensus appears to be that productivity drops near recessions tives. ry of extremely negative economic reports and increasingly widespread pessimism because firms are reluctant to lay off idle I have pointed out two significant ex- about the American economy. As the federal workers when demand shrinks, and the pro- amples of Republicans acting in anti- funds rate nears zero, many observers believe portion of workers that are not productive ideological manner. Where in the that there is little room for further signifi- increases sharply. Perhaps that describes the Democratic caucus proposal, or Demo- cant interest rate reductions. With the econ- past, but it has not happened this time. cratic leadership’s actions, have we omy still declining and the Fed out of am- High-tech investments have allowed firms to seen similar anti-ideological behavior? munition, additional government stimulus adjust on the fly and continue to squeeze must now be of the fiscal variety. more output out of fewer inputs. Indeed, it appears that the events of Corporate tax cuts are a natural fiscal In February, Fed Chairman Alan Green- September 11 are being used as another stimulus candidate. The corporate sector has span marveled at the strong productivity ‘‘salami slice’’ tactic to get to a Demo- dropped the sharpest this year, and business numbers posted in late 2000 when the econ- cratic ideological objective. That ob- investment has historically responded im- omy was softening. The increase was, he re- jective is a Government-run universal pressively to tax cuts. Yet U.S. Senate marked in a Senate Banking Committee health care system. Just take a look at Democrats have staunchly opposed Repub- hearing, ‘‘at a pace sufficiently impressive to the new COBRA entitlement, labeled as lican efforts to provide corporate tax relief. provide strong support for the view that the rate of growth of structural productivity re- temporary here. ‘‘I’m not even enamored any longer with the word stimulus,’’ said Senate Majority Leader mains well above its pace of a decade ago.’’ Now, I would like to address the ma- Tom Daschle last week, preferring instead to It’s important to note that this high rate of jority leader’s third general criticism. launch a giant government spending spree. productivity has continued over the past few That criticism is that economists and Such measures reflect the emerging Demo- quarters, even as the economy has softened. editors have unanimously rejected the cratic view that the ‘‘Bush economy’’ is Why is this so important? If productivity Senate Republican caucus stimulus nearing depression, and only a New Deal can were declining, then firms would be faced proposal. save it. with many more painful decisions in coming But if you look closely, things aren’t that months. Capital investments that were in- I guess if you only include some bad. Marginal tax-rate cuts might well have tended to improve the bottom line would economists that have served in Demo- difficulty stimulating business activity if have failed. Should plants then be closed? As cratic administrations or some editors there is significant excess capacity. But the it is, it looks like the inventory and invest- that identify themselves with the data don’t support such a negative view. In- ment corrections that occurred in the 12 Democratic agenda, then I would agree deed, despite rumors to the contrary, the months before Sept. 11 had achieved their de- with the majority leader. For instance, American economy was most likely not in a sired effects. The ‘‘overhangs’’ that presage much is made of Joseph Stiglitz’s criti- recession on Sept. 10. The monetary and fis- sharp economic disruptions were not appar- cisms. There is a lot of talk about his cal stimulus adopted earlier in the year ap- ent in the data, and a healthy response to pears to have done its job quite well. marginal tax-rate reductions is quite plau- Nobel Prize, but you do not hear that That positive news emerged last week sible. he chaired the Council of Economic Ad- when the U.S. Commerce Department re- But, of course, other factors are present. visors in the Clinton Administration. I ported that the gross domestic product de- And they help to explain why, despite the guarantee there are Nobel Prize win- clined 0.4 percent in the third quarter. Nega- good news, economic activity has dropped so ners who worked in Republican admin- tive GDP growth is a strong sign of a reces- sharply. istrations who would not agree with sion, but analysis of the background data After years of highly mathematical re- suggests that the number would have been search in dusty journals, many economists Joseph Stiglitz. In fact, they would now believe that the root cause lies in the have problems with the Democratic comfortably positive absent the attack. First, before the attack, chain-store sales in- distinction between risk and ambiguity that package. dicated that consumer spending in Sep- was first described by University of Chicago As an example of the diversity of tember was at about the same healthy level economist Frank Knight in the 1920s. Knight opinion, you only have to review the posted in August. Second, border closings argued that there is a difference between a statements of Glen Hubbard, the cur- created turmoil in the auto sector, where circumstance with known probabilities—like rent chair of the President’s Council of just-in-time inventory techniques led to sig- a coin flip—and a situation with high ambi- guity, where the probabilities of different Economic Advisors. nificant production interruptions. It is a simple adding-up exercise to correct outcomes are not known. Subsequently, re- The charge that economists have for these two factors, and doing so leads to a searchers have confirmed Knight’s observa- ‘‘unanimously’’ rejected the Senate Re- surprising conclusion. If September con- tion both in theory and with observation. publican caucus stimulus package is sumption had continued at the pace reg- There are profound differences in behavior not borne out by the facts. istered at the start of the month and auto when people face the two different types of With respect to the charge that edi- production had not jammed up, the economy uncertainty. Most important, when ambi- tors and opinion writers have ‘’unani- would have dodged recession in the third guity is high, consumers and firms often act as if the worst possible outcome will occur mously’’ rejected, I would like to print quarter. GDP would have been more than a percentage point higher—safely nestled in for sure. Thus, after the terrorists attacked, in the RECORD a couple of articles. One positive territory. the U.S. entered an ambiguous world with is an article by Kevin Hassett, who was Although that did not happen, it does put many horrible possibilities and no prob- a witness before the Senate Budget to rest the view that the terrorist attacks abilities. Predictably, businesses and con- Committee. Another is an article from pushed an already devastated Bush economy sumers assumed that a deep recession would National Review. These are only two of into a steep downward spiral. The economy occur with certainty. Their extremely cau- many articles that show that there is was doing better than expected, and this was tious response to the assumption helped support for elements of the Republican likely because of well-timed economic pol- make the recession more likely. icy. Consumer spending has been particu- So the core fundamentals of the economy causus position. In addition, even the larly strong in interest-sensitive sectors. remain surprisingly strong. If there is a re- Governors’ letter cited by the majority Another bit of positive news lurking in the cession, it will have been caused by the ter- leader does not reject the Senate Re- third-quarter data confirms the view that rorist attacks. Therein lies both the hope publican caucus stimulus package. I business tax cuts in particular could be effec- and the challenge to policy makers. Absent a also ask unanimous consent to print in tive now. The government data available do rapid and clearly visible victory in the war the RECORD an editorial from the Wash- not explicitly report third-quarter produc- on terrorism, consumers and firms will only ington Post, that is highly critical of tivity, but it is possible to figure this out by gradually return to normal, and a long and deep recession is possible. Yet the underlying the Finance Committee’s stimulus bill, using techniques that are also relied upon by Fed economists (and undoubtedly reported to strengths suggest that there is ample oppor- by pointing out that high-priced lobby- board members Tuesday). tunity, and that corporate tax cuts could ig- ists help put the Democratic bill to- These calculations are striking. Even with nite further productivity enhancing invest- gether. the sharp declines in output that occurred at ments. The stimulus bill that passed the U.S. S11778 CONGRESSIONAL RECORD — SENATE November 14, 2001 House of Representatives took a step in that changing their consumer patterns in re- the Senate. Meanwhile, other lobbyists have direction. It’s time that the Senate stop sponse to changes in technology. When pressed for equally egregious giveaways. The bickering and do the House one better. households reduce their spending on con- stimulus bill that passed through committee sumer goods, opting instead to pay down last week includes money for citrus growers [From the NRO Financial, Nov. 8, 2001] debt or accumulate savings, they aren’t fail- and buffalo farmers and producing elec- THE NEW DANCE OF THE CRACKPOTS ing to buy ‘‘enough’’ stuff to keep the econ- tricity from chicken waste. It includes a tax (By John Hood) omy afloat. They are simply changing their break on aviation fuel for crop-dusters. A preferences in favor of future consumption wage credit designed to encourage firms to In this indispensable guide to the New (perhaps of more expensive, more capital-in- hire welfare recipients has been extended to Deal, The Roosevelt Myth, journalist John tensive durable goods) and away from some businesses in lower Manhattan that hire T. Flynn wrote about the pivotal couple of goods currently being produced. anyone. years leading up to the 1936 presidential elec- Contrary to the crackpot theories of As it fights a war on terrorism, the United tion. Roosevelt’s early efforts had failed to Rubin, Alter, New York Times columnist States also faces the threat of a global reces- bring the country out of depression, and so a Paul Krugman, and other neo-Keynesians, sion that could be the worst in years. Thou- bewildering array of left-wing politicians recessions don’t signify ‘‘too much supply sands of ordinary workers have already lost and journalists offered their own strategies and not enough demand.’’ Recessions aren’t their jobs, and many thousands more may do for getting the economy moving again. It creatures of human irrationality. They sig- so. The economic stimulus will succeed only was, in Flynn’s picturesque words, ‘‘The nify a mismatch between what companies if it pumps money into the bits of the econ- Dance of the Crackpots.’’ are making and what their customer actu- omy where it will stimulate demand effec- Its main result was to shove FDR further ally want at the time. Moreover, they often tively. That means targeting it at business to the left. His administration created new signify a mismatch of time preferences, as investment and at less well-off consumers, credit and spending programs to steal the consumers signal (through more savings) not tossing cash at random supplicants. thunder of Huey Long and other radicals, that they are willing to finance new invest- The senators who larded the bill in com- and to induce an artificial inflationary spurt ment today in order to buy something they mittee ought to feel ashamed of themselves, in activity just before the election—a win- value more in the future. As long as capital but they’re not the only ones. It seems to us ning political strategy that nonetheless re- markets are free to coordinate the interests that lobbyists such as Mr. Kies and clients sulted in another painful recession in 1937– of producers and consumers, the latter’s in- such as General Electric and IBM also bear ’38. creased savings will increase the pool of some responsibility. Normally in Wash- As American battles international ter- loanable funds and thus encourage entre- ington we assume that such corporations rorism and a slowing economy, we are now preneurs (with lower interest rates) to pur- will grasp for whatever they can get; it’s up witnessing a new Dance of the Crackpots. sue new investments to satisfy consumer de- to those in Congress to resist their more Denigrating President Bush’s $1.3 trillion tax mands. egregious graspings. But do the chairmen of cut enacted by Congress earlier this year, In other words, it is perfectly rational in a GE and IBM really want to pursue their nar- critics are coming out of the woodwork to time of recession for the government to row self-interest at a time when everyone offer increasingly silly and outdated pro- focus its fiscal policy on removing barriers else is being asked to think of the common posals to ‘‘stimulate demand’’ and ‘‘escape to investment. These barriers include large good—at a time of war? Imagine the stir it the liquidity trap.’’ While draped in New inflationary or deflationary changes in would cause, and the impact it could have, if Economy language, these ideas are basically money (because these destroy the ability of just one of them said, ‘‘Better spend the the same old Keynesian claptrap that the interest rates to communicate time pref- money on the troops. We’ll be back when the crackpots of the 1930s indulged in—although, erences accurately to entrepreneurs) and ex- war is over.’’ It’s not too late for them to unlike present-day advocates, the 1930s cessive taxes on investment activities. The show what patriotism might really mean. crackpots had the excuse that most of their U.S. tax code retains a strong and counter- pet ideas had yet to be proven false through Mr. GRASSLEY. Madam President, productive bias against savings and invest- experience. let us be accurate when we describe ment, so proposals to accelerate deprecia- On prominent exponent of the new (old) tion, reduce marginal tax rates on capital each side’s proposals. Upon careful con- philosophy is Robert Rubin, Clinton’s former gains, and reduce double-taxation of cor- sideration, it is clear: Treasury Secretary. Advising the Congress porate dividends are exactly the right medi- First, the Senate Republican Caucus on how to fashion a ‘‘bipartisan’’ stimulus cine if the goal is to speed the recovery of package, Rubin recommended a focus on stimulus proposal is not made up of the American economy. spending programs and tax credits directed ‘‘leftover’’ tax cuts; The answer to ‘‘excess capacity’’ in buggy- to poor Americans. ‘‘People at the bottom of Second, the Senate Republicans are whip manufacturing was not for the govern- the income scale spend all the money they not using September 11 as a device to ment to stimulate demand for buggy whips. earn,’’ he reportedly told congressional lead- It was to allow industry to make needed in- advance ‘‘ideological’’ proposals; and ers. ‘‘If you give it to them, they’re going to vestments in automobile production. Simi- Third, the proposals in the Senate spend it. If you give it to me, it’s not going larly, American consumers are signaling Republican Caucus stimulus package to affect my spending patterns.’’ that the current mix of investment is not have not been ‘‘unanimously’’ rejected Newsweek columnist Jonathan Alter made generating what they want. So financial, a similar point in a column criticizing sup- by economists, editors, and opinion physical, and human capital must be redi- ply-side tax cuts suggested by House Major- makers. rected to new uses. This necessary adjust- ity Leader Dick Armey of Texas. Armey Madam President, I wish to discuss ment will happen more rapidly, and more ‘‘claims to be an economist,’’ Alter sneered. what I consider to be a crucial compo- successfully, if Washington will ignore the ‘‘But he obviously never learned about a lit- nent of this economic stimulus pack- new Dance of the Crackpots and gets its fis- tle concept familiar to every college fresh- cal act together. age: health insurance assistance for men called ‘supply and demand.’ Our sup- dislocated workers. ply—or capacity—is just fine right now; in [From The Washington Post, Nov. 13, 2001] We all know about the high cost of fact, we’ve got too much of it. The problem is consumer demand. It’s dangerously flat.’’ MEET PATRIOTIC PORK health insurance. For dislocated work- According to Rubin and his journalistic In normal times, pork-barrel spending is ers, its even higher. That’s because echo chamber, government stimulus is need- offensive. When the nation is at war, it’s worker continuation or ‘‘COBRA’’ cov- ed because Americans aren’t spending considerably worse. But the patriotism felt erage is extremely expensive: coverage enough. This statement is absurd. To say by most citizens since the terrorist attacks for a family can cost as much as $500 or that Americans aren’t spending ‘‘enough’’ is has done nothing to restrain lobbyists’ habit $600 per month. to presuppose that there is some level of of putting special interests ahead of national And workers who do not qualify for spending that is correct, and that govern- interests. Indeed, some apparently can’t tell COBRA coverage—because they worked ment officials can know such a level. Fur- the difference. Kenneth Kies of thermore, such a singular focus on broad ab- PricewaterhouseCoopers, who has been push- for State or local governments or in stractions like ‘‘supply’’ and ‘‘demand’’ ing tax breaks that would profit clients such small businesses that are exempt—also leaves these hapless pump-primers without a as GE and IBM Corp., told The Post it would face high health care costs. connection to the real economy of individual have been ‘‘irresponsible’’ and even unpatri- So when it comes to providing health goods and services exchanged by individual otic for him to behave otherwise. insurance assistance to dislocated human beings. The provision that Mr. Kies advances workers, both sides in this debate are It is simply nonsensical to talk about the would reduce taxes on corporations’ overseas in agreement: People need help, and economy in only aggregate terms. For exam- investment income. It’s hard to see how this they need it now. ple, there was a great deal of excess capacity measure, which would encourage firms to in America’s buggy-whip manufacturing sec- keep money outside the country, would do Where we disagree is on how we get tor in the early 20th century. Was that a sign anything to stimulate the American econ- there. I have endorsed a program that of inadequate consumer spending? Of course omy. Yet, Mr. Kies has sought to include it is already up and running, that has not. It was a sign that Americans were in the stimulus package being prepared in been tried and tested and tailored for November 14, 2001 CONGRESSIONAL RECORD — SENATE S11779 the very purpose of providing ready The National Emergency Grant pro- stated that any proposal, including a help—not red tape—in emergencies like gram can guarantee payments to Medicaid expansion, that requires this. States within 15 days of an applica- State funding would have ‘‘zero take- The Democrats, on the other hand, tion’s approval. That speed is simply up.’’ have endorsed the creation of a new unsurpassed, and it’s the chief reason I Aside from the budget constraints Federal bureaucracy, consumed by red support using the grant program today. that prevent a Medicaid expansion tape, that would take many months to The new Federal subsidy program, by from being a viable health care pro- get up and running. contrast, would tie up funds in red tape posal for dislocated workers, Medicaid First, let’s talk about structure. For until next summer. Under almost any expansions are not a timely response to any program to work efficiently, it scenario, financial assistance would addressing emergencies. needs a backbone. The National Emer- not be available until federal regula- In order to develop a new Medicaid gency Grant program has been in place tions are issued, finalized and made ef- eligibility category, States would have since 1998. The Labor Department has fective, a process that could take 6 to develop a State plan amendment. been getting funds to States quickly months, at a minimum. This entails a planning period that in- and seamlessly for several years. The bottom line is the Democrats’ cludes: setting income levels and time In fact, since September 11th, 3 proposal would not be able to get bene- frames; creating outreach materials States have already received funds to- fits to workers until it’s too late. In and caseworker training; and obtaining taling $37 million, 3 more States are on addition to a lengthy process at the approval from the legislature—assum- the verge of approval, and 13 additional Federal level, States are faced with ing the legislature is still in session State applications are expected. Clear- undue burdens of setting up new sys- and many aren’t—and finally, getting ly these numbers indicate the success tems to coordinate with the Federal approval from CMS. the National Emergency Grant pro- Government and finding new resources By the time this process runs its gram has already achieved. to do so. course, the 12 month window would By comparison, the new COBRA sub- The Democratic approach, while likely be over. Even if the 12 month pe- sidy program that the Democrats favor well-intentioned, reinvents the wheel. riod isn’t over, it wouldn’t be an imme- has no backbone at all. There is no The National Emergency Grant pro- diate benefit either to health coverage structure currently in place at the gram, by comparison, needs no re-in- or as a fiscal stimulus. Labor Department or any other Fed- vention. It is ready to go. A more immediate and expeditious And so I urge my colleagues to opt eral agency to administer this new ben- approach to making health care cov- for a system that’s ready to go and to erage available to displaced workers efit. Next, let’s take a look at process. support the speedy delivery of funds to would be through the National Emer- At the Federal level, the National our dislocated workers through the Na- gency Grant program. This program should be expanded to Emergency Grant program requires tional Emergency Grant program. Mr. GRASSLEY. Madam President, I allow States the opportunity to cover nothing more than a new set of grant also wish to discuss a Medicaid provi- health care premiums, including criteria allowing States to use funds sion in the Democrats’ economic stim- COBRA premiums, for displaced work- for health insurance. The criteria is ulus package that would provide for an ers and their dependents. being drafted under the Labor Depart- expansion of the Medicaid program to a The National Conference of State ment’s existing authority, and can be new group of individuals. Legislatures agrees that flexible Fed- made effective immediately. In order to fully evaluate the poten- eral funds would be the best approach In contrast, the new COBRA subsidy tial effectiveness of this proposal, it is to empowering States to effectively ad- program proposed by the Democrats re- important to take a look at State fis- dress State-specific needs of dislocated quires the deployment of an entirely cal health. workers. new Federal program, requiring Con- The economic slow-down coupled There are a number of ways that gressional authorization and a formal with increased demands on health care States could use National Emergency regulatory process under the Adminis- safety net programs is creating major Grant funds to provide immediate trative Procedures Act before any ben- strains on State budgets. health care access to dislocated work- efits could be delivered. Just this year, 44 States have reve- ers and their families including using Moreover, communications and over- nues below original forecasts; 28 States State employee health systems to un- sight mechanisms would have to be es- have implemented or considered Med- employed individuals, utilizing com- tablished, and agencies would have to icaid cuts; 7 States have convened spe- munity health centers, or contracting redirect resources to meet program cial legislative sessions to address with insurers. goals. budget shortfalls; and 11 States have The National Emergency Grant pro- At the State level, the National determined a need for supplemental ap- gram requires nothing more than a new Emergency Grant program is familiar propriations for Medicaid. set of grant criteria allowing States to to governors and other State officials. Today, Medicaid expenditures are 7.5 use funds for health insurance. The The program relies on an existing, percent higher than they were in 1999, NEG proposal is an expedient means of streamlined process that has been in and on average account for 19.5 percent making health coverage available to place since 1998. All States have mech- of State spending. Therefore, Medicaid dislocated workers and their families. anisms in place to apply for grants and is a primary target for State budget Mr. AKAKA. Madam President, I rise deliver benefits. cutbacks during economic downturns. in support of the economic stimulus By comparison, the Democrat-en- States have reported a current cumu- package reported by the Committee on dorsed new Federal subsidy program lative revenue shortfall of $10 billion, Finance. would impose new and costly mandates and predict this number to continue to Following the terrorist attacks on on States, which would have to author- grow. Moreover, new and unprece- September 11, the slowdown in our Na- ize and set-up new systems and depart- dented State responsibilities for home- tion’s economy has been a matter of in- ments to comply with the program’s land security are exacerbating serious creasing concern. The ripple effect of rules before workers could start receiv- fiscal conditions. the tragic events on September 11 has ing benefits. In many instances, action Therefore, any new State Medicaid affected millions of Americans who are at the State level would be frozen until option, no matter how generous the dealing with the economic repercus- State legislatures acted to authorize Federal match, is not an attractive sions. Hundreds of thousands of work- and fund the new mandates. proposal to States. ers have lost their jobs, and consumer Finally, let’s address the most impor- States simply do not have the re- and business confidence has eroded dur- tant question, the one that this whole sources to take up a new option under ing this time of uncertainty. The de- debate should turn on. the Medicaid program because States crease in economic activity is affecting How long will this all take? How do cannot absorb the State share of new companies ranging from small busi- the two approaches compare when it Medicaid enrollees. nesses to corporations, not to mention comes to getting workers health care In fact, a spokesperson for the Na- entire industries such as the airline assistance quickly? tional Governor’s Association recently and tourism industries. S11780 CONGRESSIONAL RECORD — SENATE November 14, 2001 There is no doubt that an economic While the subsidy for COBRA will ing the Federal matching rate could stimulus package would help to boost help a number of Americans, many of have broad positive ramifications for our Nation’s weak economy. While the the workers who will lose their jobs in State budgets, the impact of which prospects for long-term growth remain the coming year will not be eligible for would be rapid and would not require strong, the terrorist attacks exacer- COBRA coverage. These workers face additional Federal or State bureauc- bated weaknesses in many business an even greater barrier to health care racy. These changes would provide sectors and diminished hopes for a access and include individuals who much needed health care to people in quick revival of an already faltering worked for small businesses, were in need by providing states the resources economy and it now appears that the the individual health insurance mar- to do so. country will experience a period of eco- ket, worked in companies that have While Congress has taken certain ac- nomic weakness and rising unemploy- gone bankrupt, and those who could tions to address the aftershocks of the ment before returning to a period of not afford health insurance before they terrorist attacks, we must also restore strong growth. A stimulus package were laid off. The bill by the Senator consumer confidence which has stead- that is well-defined and specifically from Montana would help these work- ily declined since the attacks. In Ha- targeted for maximum effectiveness ers who are not COBRA-eligible by giv- waii, where we were just beginning to can play an important role in pro- ing states the option to add a new eli- recover from our economic recession of moting a rapid economic recovery. gibility category to Medicaid. This new 9 years, we find ourselves once again As we all know, there are contrasting category would allow states to cover facing an economic downturn. The views among the members of Congress laid-off workers who are not COBRA-el- State Department of Labor is currently as to what components should be in- igible for up to 12 months. working on the unemployment rates cluded in a stimulus package to maxi- Another critical component of the for October 2001 and has indicated that mize the stimulative effect on the stimulus legislation is the temporary the number of people filing unemploy- economy. I believe that the economic increase in the Federal Medical Assist- ment claims will be substantially high- stimulus package should encourage in- ance Percentage, FMAP, rate for er than those filing in September. This creased spending as soon as possible to States. The Federal Government cur- is disconcerting to me because in Sep- rejuvenate the economy, assist people rently pays between 50 percent and 83 tember 2001, tourism was down by 40 who are most vulnerable during the percent of the cost of Medicaid in each percent and more than 11,000 people economic slowdown, and restore busi- state, depending on the state’s per cap- who work in the industry were unem- ness and consumer confidence. How- ita income in the three calendar years ployed. More specifically, 8,803 people ever, it is important that fiscal dis- that are most recently available. On in Hawaii filed claims for partial or cipline over the long-term be main- average, the Federal Government pays full unemployment benefits in the 15- tained in order to ensure economic 57 percent. Medicaid matching rates for day period from September 17, the growth in the future. As such, legisla- fiscal year 2002 are based on state per Monday following the attacks, to Mon- tion to stimulate the economy should capita income data from 1997, 1998, and only be on a short-term basis so that day, October 1. On that Monday, the 1999—years in which the national econ- the budget can return to surplus as the State Department of Labor estimated omy was strong. Consequently, match- economy recovers. that 1,012 workers filed claims state- Given the importance of taking ing rates are slated to be reduced for 29 wide for unemployment. Before the at- prompt action to stimulate the econ- states in 2002. The reduction in FMAP tacks, the state of Hawaii received on omy which is on the brink of a reces- rates has worsened an already bleak the average 1,400 claims a week. These sion, I commend the Senator from fiscal outlook for many states. In Au- statistics do not show what the cost Montana for his efforts in reporting an gust, the Congressional Budget Office has been to families in Hawaii where economic stimulus package out of the projected that Medicaid expenditures both parents are, or in many cases Finance Committee that can be consid- in 2002 would be nine percent higher in were, working in the travel or tourism- ered on the Senate floor. I support 2002 than in 2001, while states projected related industries. These families are components of the legislation, includ- that their revenues would rise just 2.4 finding that they do not have the ing provisions aimed at addressing the percent. Rising Medicaid expenditures money to pay for their mortgage, needs of America’s newly-unemployed have long been a serious concern to health insurance for themselves and workers. In addition to losing their states. The repercussions of the ter- their children, and basic necessities. health benefits, the unemployed have rorist attacks on September 11 are The economic stimulus legislation no income to pay out-of-pocket for leading most analysts to expect even reported by the Finance Committee their health care needs. Under the Con- higher state Medicaid costs because the will help the people of Hawaii and the solidated Omnibus Budget Reconcili- economic downturn will make more nation pay their mortgages, provide ation Act of 1985, COBRA, employers people eligible for Medicaid and lower healthcare to their children, and put with 20 or more employees must offer state revenues. It is during difficult fi- food on the table. It will provide 13 ad- continued health insurance coverage to nancial times that the Medicaid pro- ditional weeks of benefits to workers qualified employees and their families gram becomes a primary target of whose regular unemployment com- who lose health coverage when they State budget cuts. Yet, people need pensation has expired, require states to lose their jobs. Unemployed workers Medicaid during these times more than use the most recent earnings data to are required to pay up to 102 percent of ever. determine eligibility and benefits, pro- the full premium, which averages The FMAP increase proposed by the vide coverage to part-time workers, about $220 per month for an individual Finance Committee has three main and supplement the amount of benefits. and $558 per month for a family. Only components. First, States that would Some of my colleagues have argued about 20 percent of eligible workers use have received a lower FMAP rate that extending unemployment benefits their COBRA option because premiums would be ‘‘held harmless’’ and retain and providing a health care subsidy are so expensive. The bill drafted by their fiscal year 2001 matching rate. will not stimulate the economy, I must the distinguished Chairman of the Fi- Second, all States would receive a rate strongly disagree. I believe, as many of nance Committee will assist workers increase of 1.5 percent. Finally, States my colleagues have stated during this who are COBRA-eligible by providing a with higher than average unemploy- debate, that this is exactly what our 75 percent COBRA subsidy for up to ment rates over the previous three economy and the American people need twelve months. This subsidy will help months would receive an additional 1.5 to revitalize consumer confidence. As to ensure that many of the workers and percent rate increase. To receive these recent research has shown, the Unem- their families who could not previously FMAP increases, States would be re- ployment Insurance system is eight afford COBRA coverage will be able to quired to maintain current eligibility times as effective as the entire tax sys- retain their health insurance. States levels. The temporary increase in the tem in mitigating the impact of a re- would be allowed to cover the remain- FMAP is an important component of cession. In addition, the Unemploy- ing 25 percent of the COBRA premium our Nation’s economic stimulus policy. ment Insurance system is able to tar- for low-income COBRA-eligible individ- Medicaid is the largest Federal grant- get the very sector of society that uals and their families. in-aid to states. Temporarily increas- needs the most economic stimulus. I November 14, 2001 CONGRESSIONAL RECORD — SENATE S11781 remind everyone that in every reces- And there have been more emergency The PRESIDING OFFICER (Mr. DAY- sion during the past 30 years, including designations. The Los Angeles riots in TON). The assistant Republican leader. the 1990–1991 recession under President 1992 was designated an emergency. We Mr. NICKLES. Mr. President, it is George Bush, unemployment insurance provided additional dollars to help Los with regret I urge my colleagues to not benefits were extended. Angeles recover from the riots in 1992. support our friends and colleagues on It is clear that an economic stimulus The terrorist bombing in Oklahoma the other side. I will just take issue package is needed to support our econ- City—we designated that as an emer- with a few things that have been stat- omy during these uncertain times and gency to help Oklahoma City, as we ed. to promote a rapid recovery. We have should have. First, I compliment Senator GRASS- seen the Federal Reserve Board cut in- Peacekeeping in Bosnia—we des- LEY and Senator BAUCUS because they terest rates ten times this year with ignated additional dollars for our mili- worked together earlier this year in a limited economic effect. Congress has tary, our Defense Department, because bipartisan way and we passed tax re- also taken actions to provide some of that was an emergency, fighting in lief. It was done by a bipartisan vote in that stimulus through emergency Bosnia. That was designated an emer- the Finance Committee, done by a bi- spending for recovery efforts and to as- gency, as well it should have been. partisan vote in the Senate, and by and sist the airline industry. It is critical Other natural disasters, hurricanes large that bill became law. Senator that Congress promptly pass an eco- and floods. BAUCUS and others alluded to the fact nomic stimulus package that will reju- I, for the life of me, cannot under- that we have already passed emergency venate our faltering economy while as- stand this argument that we hear from legislation providing $40 billion to as- sisting households who have been espe- the other side that what has happened sist in the aftermath of the September cially hard hit by the downturn in the to this country since September 11 is 11 events. That was done in a bipar- economy. An economic stimulus pack- not an emergency, particularly in com- tisan fashion. age that promotes economic activity parison to past events that were des- When we provided airline relief, that and includes components to extend un- ignated emergencies. There is a provi- was done in a bipartisan fashion. Un- employment insurance benefits and sion in the Budget Act which says if we fortunately, the bill we have before us, health care subsidies will greatly assist go over the technical spending limits, the so-called stimulus bill, has not in getting our country’s economy mov- it has to be an emergency to avoid a been done in a bipartisan fashion. The ing again. budget point of order. That is entirely makeup of the Senate is so balanced The PRESIDING OFFICER (Mr. DAY- up to the discretion of the Senate. In that it cannot happen. Democrats can- TON). Under the previous order, the fact, the Congressional Budget Office, not pass a Democrat-only bill. The Re- Senator from Montana is recognized. in this document, says: publicans cannot pass a Republican- Mr. BAUCUS. Madam President, I Emergency spending is generally whatever only bill. So we are going to have to thank my good friend from Iowa, Sen- the Congress and the President deem it to work together. be. ator GRASSLEY, for his help on this bill. Regrettably, that has not yet hap- The choice in the vote before us, It is up to us to decide whether this pened. The result is in the bill that about to occur in 15 minutes, is very is an emergency or not. We all know passed out of the Finance Committee, simple. Do we want to proceed to help what has happened to New York City, now modified by Senator BYRD’s provide the stimulus to the American what has happened to our economy— amendment, and modified by addi- economy? Do we want to help provide 900,000 people out of work since this tional amendments made by the chair- health insurance benefits to people who spring. That is the entire population of man or the Democratic leader, we have have lost their health insurance be- my State of Montana—900,000 people a bill that not only will not stimulate cause of their lost jobs? Do we want to out of work. Most people who lose their I think but may depress the economy. provide an extension of unemployment health insurance do so because they We have a bill that is not supported by benefits? Do we want to help New York have lost their jobs. both sides. We have a bill that obvi- City, which has been wrecked and dev- This is a super-emergency compared ously will not become law. with the other events that this body astated by the tragedy of September We have a statement by the adminis- has designated emergencies. Why is 11? Do we want to give disaster assist- tration that says: ance to farmers and ranchers whose in- this not an emergency, too? Where are comes are lower year by year. we? What are we thinking of? Hello? The administration opposes passage of Do we want to do these things or not? Wake up, Senate. Wake up and see H.R. 3990 as reported by the Senate Finance Committee. That is the sole question before us. what is happening to the country. That is all it comes down to. Wake up and see what is happening in The President said he doesn’t like it. I am astounded that we hear these New York City. It is strongly opposed for lots of rea- arguments that this is not an emer- If all of us in the Senate were to go sons. That is in direct contrast to the gency. I have been in this body for 20- to Ground Zero, we would know that is bipartisan work that many of us as some years, and we have voted for an emergency. Some have and some leaders did, meeting with the President many items designated as emergencies have not. All should. several times after the September 11 that were far less of an emergency than The same occurs all across the coun- events to say let’s work together. what has happened to our country try. Homes lost, people tossed out of President Bush agreed to the $40 bil- since September 11. work, farms and ranches going down lion. We haven’t even spent the $40 bil- What were they? Let me tell you. the tubes because either they don’t lion. I am looking at the list that has First of all, the stand-alone bills we have crops, it is a disaster, a drought $15 billion of new spending. That is in have passed in this body: Unemploy- or a flood, or they are not getting their direct contradiction of the agreement ment insurance, in 1993, $5.7 billion. income. What is going on here? Of we made with the President, that we That was designated an emergency, so course it is an emergency. have in writing from the President, the we passed it. Meanwhile, we have heard, and I am agreement that said $686 billion and, IRS reform, if you can believe, $130 disappointed to have to say this, char- oh, yes, we will do $40 billion of the million—emergency. I don’t know what acterizations and mischaracterizations, emergency spending. We have not spent the emergency was, but that is what representations and misrepresenta- that $40 billion. Then they say we want Congress decided. tions, of what is in the Senate bill. another $15 billion. The airline bill this year, $17 billion Senators, some of them, have taken I do not doubt many of those provi- over 10 years. easy shots, not getting to the heart of sions requested in the $15 billion will What were some other emergencies? the matter. That is regrettable. be in the second $20 billion that is yet We have had Hurricane Andrew. We I will sum up in 10 seconds. This is to be appropriated, yet to be allocated, had floods in various States, and we clearly an emergency, and I urge Sen- in some cases yet to be requested. have designated those all as emer- ators to vote to waive the point of The administration hasn’t requested gencies, this Senate did, and they were order, stop the roadblock. Let’s roll. those. They are receiving input and re- emergencies. Let’s help America. quests from a lot of different agencies. S11782 CONGRESSIONAL RECORD — SENATE November 14, 2001 But they haven’t requested it yet. Yet and every time he was told, no, we The PRESIDING OFFICER. Are there we are trying to say that is the deal can’t do that because we have to offer any other Senators in the Chamber de- from last month. Now we are coming our own package. siring to vote? up with a new deal. Last year’s spend- Don’t talk to us about bipartisan The yeas and nays resulted—yeas 51, ing grew by over 14 percent. This year, until you are ready to do it. nays 47, as follows: we are going to spend about 8 percent. I must say this is a facade—this no- [Rollcall Vote No. 337 Leg.] Now we have added $40 billion. Some tion that somehow the only way to YEAS—51 deal with whatever concerns the Sen- people say, let us add $15 billion on top Akaka Dodd Levin of it. We may well support those at- ator from Oklahoma may have with re- Baucus Dorgan Lieberman tempts. gard to this bill is to raise a point of Bayh Durbin Lincoln order on this bill. If they do like a par- Biden Edwards Mikulski But I wouldn’t be a bit surprised if Bingaman Feingold Miller we could not put those in the $20 bil- ticular provision, let them do what we Boxer Feinstein Murray lion additional upon which we have al- do in the Senate. Let them offer an Breaux Graham Nelson (FL) ready agreed. amendment. If you do not like a par- Byrd Harkin Nelson (NE) ticular provision, offer an amendment. Cantwell Hollings Reed Looking at the substance of this leg- Carnahan Inouye Reid islation, there is nothing in this legis- Let there be no doubt that the vote Carper Jeffords Rockefeller lation to really stimulate the economy. we are about to take on this point of Cleland Johnson Sarbanes I was a businessman prior to coming to order which refuses to allow an emer- Clinton Kennedy Schumer gency designation is a vote to kill Conrad Kerry Stabenow the Senate. I guess spending $35,000, Corzine Kohl Torricelli which might be 1 percent of this bill, or homeland security for the remainder of Daschle Landrieu Wellstone maybe a smaller amount, might be use- this year. It is a vote to say no to our Dayton Leahy Wyden ful; or 10 percent to appreciate for 1 effort to protect our country from bio- NAYS—47 terrorism. It is a vote to say no to im- year might move spending up a little Allard Enzi Nickles bit. That is almost nothing. portant security for airports, ports, Allen Fitzgerald Roberts Looking at all the other provisions in highways, and tunnels. It is a vote to Bennett Frist Santorum Bond Grassley Sessions here, I was kind of shocked. Some of say no to additional help for law en- forcement as we consider the vast Brownback Gregg Shelby this is similar. Bunning Hagel Smith (NH) What is it about having a new sugar array of issues we have to confront. It Burns Hatch Smith (OR) beet program? Sugar beet disaster pro- is a vote to say no adequate unemploy- Campbell Helms Snowe 1 Chafee Hutchinson Specter ment compensation for 7 ⁄2 million un- gram? What does that have to do with Cochran Hutchison Stevens anything? What is stimulative about employed workers. It is a vote to say Collins Inhofe Thomas having the Federal Government buying no to helping these families keep their Craig Kyl Thompson Crapo Lott Thurmond apples, apricots, asparagus, bell pep- health insurance. It is a vote to say no to those 34 million workers out there DeWine Lugar Voinovich pers, bison meat, cranberries, dried Domenici McConnell Warner plums, lemons, peaches, and onions? who didn’t get a nickel in a rebate last Ensign Murkowski summer. What is stimulative about that? Are we There is a lot riding on this bill. This NOT VOTING—2 going to spend up to $3 billion doing isn’t just a point of order and some Gramm McCain that? parliamentary vote you can hide be- The PRESIDING OFFICER. On this Then I look and I see other items. I hind, this is a real vote. This is all we vote the yeas are 51, the nays are 47. see the Amtrak program that the Con- have to protect, for the remainder of Three-fifths of the Senators duly cho- gressional Budget Office says is a this year, our opportunities to ensure sen and sworn not having voted in the crummy way to do it. We are going to that a meaningful economic recovery affirmative, the motion is rejected. do it through allowing a tax credit, and and homeland security package can be The point of order is sustained and sec- so on. passed. That is it—this vote. I hope ev- tion 909 of the amendment containing The Congressional Budget Office did erybody understands that there isn’t a the emergency designation is stricken. an analysis in September of this year second or a third chance here. Mr. HATCH. Mr. President, I move to and said, in other words, that the tax I don’t know what will happen if we reconsider the vote. credit funding mechanism would essen- fail a pass this particular test. But I Mr. CRAIG. I move to lay that mo- tially be a new and more expensive way know this: it delays for a long period of tion on the table. for the Federal Government to assist time the help we can provide for all of The motion to lay on the table was Amtrak. They say it would be a lot those who are saying we don’t have agreed to. more expensive. We could just write time any longer. We have to get on Mr. DOMENICI. Mr. President, the them a check or allow them to use tax- with protecting this country and the pending amendment No. 2125 would exempt bonds. No. We came in with a vast array of new challenges we face as cause the aggregate level of revenues whole new game that is a lot more ex- a country. We have to provide this un- to fall below the level set out in the pensive. employment insurance for people most recent agreed-to concurrent reso- This bill is not stimulative. It won’t whose benefits are running out and for lution of the budget. I raise a point of help the economy. It is not bipartisan. those part-time workers are receiving order under section 311(a)(2) of the Con- We need to defeat this package and go no benefits at all. gressional Budget Act of 1974. back to work—Democrats and Repub- I hope our Republican colleagues will Mr. BAUCUS. Mr. President, pursu- licans together—and pass a package understand that. I hope they will join ant to section 904 of the Congressional that can be supported by Members on all 51 members of this caucus who are Budget Act of 1974, I move to waive the both sides of the aisle. prepared to say, yes, this is an emer- applicable sections of that act for the The PRESIDING OFFICER. Under gency; yes, we need to move on; yes. purposes of the pending amendment the previous order, the majority leader We need to work together in a bipar- and ask for the yeas and nays. is recognized. tisan way; yes, let’s do it tonight. The PRESIDING OFFICER. Is this a Mr. DASCHLE. Mr. President, let me I yield the floor. sufficient second? just pick up where my colleagues from The PRESIDING OFFICER. Under There is a sufficient second. Oklahoma left off. the previous order, the question is on The yeas and nays were ordered. We have been ready for weeks to agreeing to the motion to waive sec- Mr. BAUCUS. Mr. President, very work in a bipartisan fashion. No one tion 205 of House Concurrent Resolu- briefly, for the information of my col- has worked harder at reaching out to tion 290. The yeas and nays have been leagues, this second point of order our Republican colleagues than the ordered, and the clerk will call the roll. challenges the amendment for going man sitting at my right, Senator BAU- The legislative clerk called the roll. below the revenue floor and for going CUS, the manager of this bill. He has Mr. NICKLES. I announce that the above the spending ceilings of the tried on several occasions not only Senator from Texas (Mr. GRAMM) and budget resolution. with the Republican colleagues in the the Senator from Arizona (Mr. MCCAIN) The amendment does, in fact, violate Senate but with those in the House, are necessarily absent. the revenue floor and spending ceiling. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11783 That is true. It is also true that the ment to H.R. 3090, even though there FARM POLICY THAT WORKS House bill, which will then come up, are a number of provisions in that Mrs. LINCOLN. Mr. President, I also violates the Budget Act for the amendment that are troubling. joined my colleague from Arkansas, same reasons, as does the bill offered Just a few weeks ago, this body voted Senator HUTCHINSON, to introduce a by my good friend from Iowa, as does to provide emergency funding to the bill of the utmost importance to our the White House proposal. They all do. nation’s airlines. We recognize the spe- farmers. The reason is because we have an cial situation caused by the terrorist Since the passage of the Freedom to emergency here. There are problems attacks of September 11, and under- Farm bill in 1996, our farmers have with which we have to deal. That is stood that if we failed to act, the con- toiled under clouds of uncertainty. why. I wish this waiver would pass, but sequences for those firms, and for the Quite simply stated, our Nation needs I know it won’t. economy as a whole, could well have a farm policy that works for working I yield the floor. been devastating. farmers. The PRESIDING OFFICER. The Sen- At the time of that vote, I noted that That is why I and Senator HUTCH- ator from New Mexico. we also needed to address the problems INSON, along with Senator HELMS of Mr. DOMENICI. Mr. President, I facing the workers in those firms. This North Carolina, Senator MILLER of yield the floor. Let’s vote. legislation will do that, in part, and it Georgia, and Senators BREAUX and The PRESIDING OFFICER. The will also provide assistance to other LANDRIEU of Louisiana, are proud to question is on agreeing to the motion. families who have been thrown out of offer a new alternative. The yeas and nays are ordered and the work by the economic slowdown, and We offer a farm bill that will ensure clerk will call the roll. should provide the weakened economy a strong safety net for America’s farm- Mr. NICKLES. I announce that the with a boost. ers and ranchers. Senator from Texas (Mr. GRAMM) and Unfortunately, a number of special We offer a farm bill that will increase the Senator from Arizona (Mr. MCCAIN) interests have taken advantage of this investment in conservation programs are necessarily absent. human and economic adversity to ad- by 80 percent. The PRESIDING OFFICER. Are there vance their own agenda. The measure We offer a farm bill that provides any other Senators in the Chamber de- that passed the other body is teeming more effective support for disadvan- siring to vote? with special interest tax breaks that do taged working families through nutri- The yeas and nays resulted—yeas 51, little or nothing for the economy as a tion programs. nays 47, as follows: whole in the short term, and seriously We offer a farm bill that will increase [Rollcall Vote No. 338 Leg.] jeopardize our long term budget posi- and improve our Nation’s agricultural YEAS—51 tion. The substitute amendment before trade programs, such as the Food Aid Akaka Dodd Levin us is vastly superior in this respect. It program that sends food to the need- Baucus Dorgan Lieberman provides far more benefit for our econ- iest nations. Bayh Durbin Lincoln omy in the short term, while mini- We offer a farm bill that will pre- Biden Edwards Mikulski serve and protect our Nation’s forests Bingaman Feingold Miller mizing the long term impact. Boxer Feinstein Murray Nevertheless, there are a number of and environment while investing in Breaux Graham Nelson (FL) special interest spending and tax provi- rural America. Byrd Harkin Nelson (NE) sions in the amendment that raise seri- For too many years, while the Amer- Cantwell Hollings Reed ican economy at large was posting as- Carnahan Inouye Reid ous questions, such as provisions that Carper Jeffords Rockefeller provide money for citrus growers and tonishing and unprecedented gains, our Cleland Johnson Sarbanes buffalo farmers and tax breaks for elec- agricultural producers have not bene- Clinton Kennedy Schumer tricity produced from chicken waste fited from our prosperity. Conrad Kerry Stabenow It is not only our farmers who are Corzine Kohl Torricelli and aviation fuel for crop-dusters. A Daschle Landrieu Wellstone provision common to both the sub- suffering as a result of failed govern- Dayton Leahy Wyden stitute amendment and the House- ment policy. The institutions of small- NAYS—47 passed bill would reduce taxes on cor- town and rural America local banks and merchants, feed and supply stores, Allard Enzi Nickles porations’ overseas investment income. Allen Fitzgerald Roberts As the Washington Post noted in a re- equipment dealers, even corner gro- Bennett Frist Santorum cent editorial: ‘‘It’s hard to see how ceries and family-owned hardware Bond Grassley Sessions stores are all caught in the web of fi- Brownback Gregg Shelby this measure, which would encourage Bunning Hagel Smith (NH) firms to keep money outside the coun- nancial collapse. Burns Hatch Smith (OR) try, would do anything to stimulate Here is a letter I received from a Campbell Helms Snowe the American economy.’’ young farmer in northeast Arkansas Chafee Hutchinson Specter just a few months ago. He says that his Cochran Hutchison Stevens The substitute amendment before us, Collins Inhofe Thomas even with its flaws, is far more fiscally family’s farm is nearing ‘‘a point of no Craig Kyl Thompson responsible than the House bill, but as return,’’ and that if the crisis con- Crapo Lott Thurmond tinues, he will have to leave the land DeWine Lugar Voinovich this legislation proceeds there is a real Domenici McConnell Warner risk that it will continue to pick up that his grandfather worked. Ensign Murkowski still more special interest provisions. Here is a letter from a bank president in southeast Arkansas, who notes that NOT VOTING—2 Indeed, the House version is largely a when he moved to his community in Gramm McCain lobbyist’s wish list. Unless this body is able to restrain itself, and resist efforts 1969, a new John Deere combine sold The PRESIDING OFFICER. On this to advance special interest spending for about $15,000. Today, a comparable vote, the yeas are 51, the nays are 47. and tax breaks, the costs of a fiscal model sells for $220,000. Fuel for that Three-fifths of the Senators duly cho- stimulus measure will outweigh any combine cost 15 cents per gallon in sen and sworn not having voted in the benefit it provides to our economy. 1969, he writes; today, a gallon of diesel affirmative, the motion is rejected. fuel costs $1.05. He goes on to note that The point of order is sustained and the while a farmer could expect to receive f amendment falls. $3 for a bushel of rice 32 years ago, Mr. REID. I move to reconsider the today he only gets $2.7 for the same vote, and I move to lay that motion on MORNING BUSINESS bushel. The costs skyrocket, but the the table. Mr. REID. Mr. President, I ask unan- returns on these investments continue The motion to lay on the table was imous consent that the Senate proceed to fall. agreed to. to a period for morning business with Here is a letter from a young woman Mr. FEINGOLD. Mr. President, I sup- Senators allowed to speak of a period in east Arkansas who works a 600-acre ported a motion to waive the Budget not to exceed 10 minutes. rice and soybean farm with her hus- Act with respect to a point of order The PRESIDING OFFICER. Without band and child. Her husband is so de- raised against the substitute amend- objection, it is so ordered. pressed that he needs counseling and S11784 CONGRESSIONAL RECORD — SENATE November 14, 2001 medication. She can’t let her child par- And these acts of unity have not been nounced that the House has passed the ticipate in after-school sports because the lot of individuals alone, nor have following bills, in which it requests the of the additional costs entailed. She they been reserved to a response to the concurrence of the Senate: writes that where she and her family tragedy of September 11. It is one of H.R. 400. An act to authorize the Secretary once felt pride in their sense of inde- these acts of unity—one of these rec- of the Interior to establish the Ronald pendence and self-sufficiency, today ognitions of a common goal—that Reagan Boyhood Home National Historic they feel only shame at having to rely Site, and for other purposes. brings me to the floor today. H.R. 2541. An act to enhance the authori- on loans and supplemental income pay- Last week the Novartis Pharma- ties of special agents and provide limited au- ments to get by. ceuticals Corporation announced their thorities to uniformed officers responsible These stories are not unusual. In new CareCard drug discount program for the protection of domestic Department of many rural areas, they are becoming to aid the needy elderly who lack pre- State occupied facilities. the norm. We cannot afford to let our scription drug coverage. This new pro- H.R. 2546. An act to amend title 49, United farmers continue suffering like this. gram will translate to a savings of 30 States Code, to prohibit States from requir- They can’t wait another year for us to ing a license or fee on account of the fact to 40 percent off of retail pharma- that a motor vehicle is providing interstate pass a farm bill. Their problems are ceutical prices for the seniors with the pre-arranged ground transportation service, here today. greatest need. For this remarkable and for other purposes. Our bill will address their problems. thing, Novartis deserves our thanks. H.R. 2776. An act to designate buildings 315, Our bill will restore to them a better Over the past several years, the issue 318, and 319 located at the Federal Aviation economic future. Our bill will restore of the increasing cost of prescription Administration’s William J. Hughes Tech- nical Center in Atlantic City, New Jersey, as to them their hope, so that they can drugs for seniors has remained a domi- build a better future for their children. the ‘‘Frank R. Lautenberg Aviation Security nant story. Nearly every American has Complex.’’ I am proud to be a coauthor of this read of seniors forced to chose between H.R. 2828. An act to authorize payments to bill, and I am proud to say that I will the food to sustain them, the rent to certain Klamath Project water distribution take my stand to fight for its passage. shelter them or the medicine to keep entities for amounts assessed by the entities f them well. Because our antiquated for operation and maintenance of the Medicare system includes only very Project’s transferred works for 2001, to au- LOCAL LAW ENFORCEMENT ACT thorize refunds to such entities of amounts OF 2001 limited prescription drug coverage, the collected by the Bureau of Reclamation for Mr. SMITH of Oregon. Mr. President, neediest senior have to figure out a reserved works for 2001, and for other pur- I rise today to speak about hate crimes way to pay for their medication. poses. In the absence of Congressional ac- H.R. 2841. An act to designate the building legislation I introduced with Senator tion to fundamentally reform and mod- located at 1 Federal Plaza in New York, New KENNEDY in March of this year. The ernized the Medicare system in a way York, as the ‘‘James L. Watson United Local Law Enforcement Act of 2001 that would include prescription drug States Court of International Trade Build- would add new categories to current ing.’’ coverage, companies, like Novartis, hate crimes legislation sending a sig- H.R. 2873. An act to extend and amend the have acted. In the case of the CareCard nal that violence of any kind is unac- program entitled Promoting Safe and Stable program. Novartis is offering seniors Families under title IV–B, subpart 2 of the ceptable in our society. age 65 or older, with an annual income Social Security Act, and to provide new au- I would like to describe a terrible thority to support programs for mentoring crime that occurred March 29, 1997 in of less than 300 percent of the Federal Poverty Level who do not currently children of incarcerated parents; to amend Huntington Beach, CA. Michael Reign the Foster Care Independent Living program Caywood, 21, allegedly beat and robbed have prescription drug coverage sub- under title IV–E of that Act to provide for a gay man in his home. The assailant, stantial discounts on their products. educational and training vouchers for youths who allegedly has ties to white su- This program could translate to $10 aging out of foster care, and for other pur- premacist groups, was charged with as- million Americans who may now be poses. able to afford the medicine they need. H.R. 2976. An act to provide for the sault and residential robbery in con- issuance of a special entrance pass for free nection with a hate crime. All of this said, Mr. President, that we congratulate Novartis for stepping admission to any federally owned area which I believe that government’s first duty is operated and maintained by a Federal is to defend its citizens, to defend them up and making these discounts avail- agency and used for outdoor recreation pur- against the harms that come out of able to seniors, should not serve as an poses to the survivors, victims’ immediate hate. The Local Law Enforcement En- excuse for Congress to continue not to families, and police, fire, rescue, recovery, hancement Act of 2001 is now a symbol act. That Novartis has done the right and medical personnel directly affected by that can become substance. I believe thing, is not reason for us to do noth- the September 11, 2001, terrorist hijackings ing. Medicare is a 36 year old program and the attacks on the World Trade Center that by passing this legislation, we can and the Pentagon, and for other purposes. change hearts and minds as well. that has not kept up with our health H.R. 2985. An act to amend the Federal care economy. We must modernize f Trade Commission Act to increase civil pen- Medicare. We must reform Medicare. alties for violations involving certain pro- ADDITIONAL STATEMENTS We must make prescription drug cov- scribed acts or practices that exploit popular erage available for all seniors; and we reaction to an emergency or major disaster must act soon.∑ declared by the President, and to authorize NOVARTIS PHARMACEUTICALS the Federal Trade Commission to seek civil f ∑ Mr. BROWNBACK. Mr. President, penalties for such violations in actions more than at any other time in my ca- MESSAGES FROM THE HOUSE brought under section 13 of that Act. H.R. 3060. An act to amend the Securities reer we are a nation that is unified. We At 10:57 a.m., a message from the Exchange Act of 1934 to augment the emer- are a nation that, recognizing a com- House of Representatives, delivered by gency authority of the Securities and Ex- mon goal, is rallying with a knowledge Ms. Niland, one of its reading clerks, change Commission. that we will achieve a remarkdable announced that the House agrees to H.R. 3240. An act to amend 38, United thing. It is extraordinary to witness. the report of the committee of con- States Code, to restore certain education One of the things that has always ference on the disagreeing votes of the benefits of individuals being ordered to ac- made this nation great, is that when tive duty as part of Operation Enduring two Houses on the amendment of the Freedom. we witness that which is extraor- Senate to the bill (H.R. 2330) making The message also announced that the dinary, we try to emulate it. You see it appropriations for Agriculture, Rural House has agreed to the following concurrent one thousand times a day, from the Development, Food and Drug Adminis- resolutions, in which it requests the concur- magnitude of contributions that have tration, and Related Agencies pro- rence of the Senate: flooded to relieve every heroic fire- grams for the fiscal year ending Sep- H. Con. Res. 88. Concurrent resolution ex- fighter’s family, to the full sized flags pressing the sense of the Congress that the tember 30, 2002, and for other purposes. President should issue a proclamation to rec- flying from the back of Topeka pickup ognize the contribution of the Lao-Hmong in trucks, to the once rare act offering a At 2:17 p.m., a message from the defending freedom and democracy and sup- smile and a bid of good morning to a House of Representatives, delivered by porting the goals of Lao-Hmong Recognition stranger on the street. Mr. Hays, one of its reading clerks, an- Day. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11785 H. Con. Res. 254. Concurrent resolution en- The following concurrent resolutions Senate Committee; $500, 09/05/97, Knollenberg couraging the people of the United States to were read, and referred as indicated: for Congress Committee; $1,000, 10/07/97, Nick celebrate the 300th anniversary of William Smith for Congress; $250, 11/20/97, Kit Bond H. Con. Res. 88. Concurrent resolution ex- Penn’s Charter of Privileges, the 250th anni- for Senate; $1,000, 12/03/97, Touma for Con- pressing the sense of the Congress that the versary of the Liberty Bell, and the 225th an- gress; $5,000, 12/30/97, Campaign for a New President should issue a proclamation recog- niversary of the first public reading of the American Century-Fed A/C; $500, 01/08/98, nizing a National Lao-Hmong Recognition Declaration of Independence. Nick Smith for Congress Committee; $1,000, Day; to the Committee on the Judiciary. The message further announced that H. Con. Res. 254. Concurrent resolution en- 02/04/98, Voinovich for Senate; $500, 05/06/98, the House has agreed to the report of couraging the people of the United States to Murkowski 1998; $250, 05/17/98, Nick Smith for Congress Committee; $1,000, 07/17/98, Hickey the committee of conference on the celebrate the 300th anniversary of William Penn’s Charter of Privileges, the 250th anni- for US House of Representatives; $500, 07/23/ disagreeing votes of the two Houses on 98, Munsell for Congress; $300, 08/07/98, the amendment of the Senate to the versary of the Liberty Bell, and the 225th an- niversary of the first public reading of the Voinovich for Senate; $500, 08/13/98, Palmer bill (H.R. 2500) making appropriations Declaration of Independence; to the Com- for US Congress; $1,000, 09/29/98, Hickey for for the Departments of Commerce, Jus- mittee on the Judiciary. US House of Representatives; $1,000, 10/06/98, tice, and State, the Judiciary, and re- Citizens for Kasich; $1,000, 03/31/99, Gov f lated agencies for the fiscal year end- George W Bush Pres. Expl. Comm.; $500, 05/03/ ing September 30, 2002, and for other REPORTS OF COMMITTEES 99, Ashcroft for Senate; $1,000, 05/06/99, Keep Our Majority Political Action Committee purposes. The following reports of committees (KOMPAC); $2,000, 05/26/99, Rogers for Con- f were submitted: gress; $500, 07/06/99, KYL for Senate; $350, 07/ MEASURES REFERRED By Mr. BYRD, from the Committee on Ap- 27/99, Whitman for U.S. Senate; $1,000, 11/16/ propriations: 99, Bush for Presidents Compliance Com- The following bills were read the first Special Report entitled ‘‘Further Revised mittee; $1,000, 01/10/00, Chuck Yob for Con- and the second times by unanimous Allocations to Subcommittees of Budget To- gress; $1,000, 01/17/00, Chuck Yob for Congress; consent, and referred as indicated: tals for Fiscal Year 2002’’ (Rept. No. 107–98). $300, 05/30/00, Cantor for Congress; $1,000, 08/ H.R. 2541. An act to enhance the authori- By Mr. BIDEN, from the Committee on 14/00, Berry For Congress; $10,000, 08/14/00, ties of special agents and provide limited au- Foreign Relations, without amendment and NRSC Non-Federal Account; $250, 11/02/00, thorities to uniformed officers responsible with a preamble: Nick Smith for Congress Committee. 2. Spouse: $1,000, 03/13/97, Friends of Sen- for the protection of domestic Department of S. Res. 174: A resolution expressing appre- ator D’Amato; $5,000, 01/17/98, Campaign For State occupied facilities; to the Committee ciation to the United Kingdom for its soli- A New American Century; $250, 05/17/98, Nick on Foreign Relations. darity and leadership as an ally of the H.R. 2546. An act to amend title 49, United United States and reaffirming the special re- Smith For Congress Committee; $1,000, 07/17/ States Code, to prohibit States from requir- lationship between the two countries. 98, Hickey for US House of Representatives; ing a license or fee on account of the fact f $500, 08/26/98, Touma for Congress Committee; $1,000, 09/16/98, Hickey for US House of Rep- that a motor vehicle is providing interstate EXECUTIVE REPORTS OF pre-arranged ground transportation service, resentatives; $1,000, 03/31/99, Gov George W and for other purposes; to the Committee on COMMITTEES Bush Pres. Expl. Comm.; $1,000, 04/29/99, Commerce, Science, and Transportation. The following executive reports of George Allen; $2,000, 06/25/99, Rogers For Con- gress; $2,000, 06/30/99, Abraham Senate 2000; H.R. 2828. An act to authorize refunds of committees were submitted: amounts collected from Klamath Project ir- $350, 07/30/99, Whitman for US Senate; $500, By Mr. BIDEN for the Committee on For- 10/06/99, Frist 2000 Inc.; $5,000, 12/29/99, Gov- rigation and drainage districts for operation eign Relations. and maintenance of the Project’s transferred ernors Leadership Fund; $250, 03/11/00, *Raymond F. Burghardt, of Florida, a Ca- Friends for Slade Gorton; $2,000, 06/28/00, and reserved works for water year 2001, and reer Member of the Senior Foreign Service, for other purposes; to the Committee on En- Chuck Yob for Congress; $1,000, 08/08/00, Class of Minister-Counselor, to be Ambas- Friends of Carol Berry for Congress; $250, 11/ ergy and Natural Resources. sador Extraordinary and Plenipotentiary of H.R. 2841. An act to designate the building 02/00, Nick Smith For Congress Committee. the United States of America to the Social- 3. Children and Spouses: Elizabeth Weiser located at 1 Federal Plaza in New York, New ist Republic of Vietnam. Caswell, $1,000, 3/31/99, Bush for President York, as the ‘‘James L. Watson United (The following is a list of all members of Inc.; $1,000, 5/12/99, Emily’s List; $100, 6/1/99, States Court of International Trade Build- my immediate family and their spouses. I Feinstein 2000; $500, 7/3/00, California Women ing’’; to the Committee on Environment and have asked each of these persons to inform Vote 2000; $500, 7/20/00, Emily’s List; $500, 9/20/ Public Works. me of the pertinent contributions made by H.R. 2976. An act to provide for the 00, Emily’s List; $100, 2000, Hillary Clinton them. To the best of my knowledge, the in- (NY–US Senate); $100, 2000, Eleanor Jordan issuance of a special entrance pass for free formation contained in this report is com- admission to any federally owned area which (KY–US House of Representatives); $100, 2000, plete and accurate.) Montana Women Vote!; $100, 9/1/00, Gore; is operated and maintained by a Federal Nominee: Raymond Francis Burghardt, Jr. agency and used for outdoor recreation pur- $100, 2000, Bradley; $20, 2000, CA Democratic Post: Ambassador to the Socialist Republic Party. Royal E. Caswell III, none. Marc poses to the survivors, victims’ immediate of Vietnam. families, and police, fire, rescue, recovery, Weiser, $1,000, 2/23/96, Alexander for Presi- Contributions, amount, date, donee: dent, Inc.; $1,000, 3/31/99, Bush for President and medical personnel directly affected by 1. Self: None. the September 11, 2001, terrorist hijackings Inc.; $500, 7/31/99, Nicholson for US Senate. 2. Spouse: Susan Day Burghardt, none. 4. Parents: Robert Weiser, deceased; Meta and the attacks on the World Trade Center 3. Children and Spouses: Helen D. Weiser, none. and the Pentagon, and for other purposes; to Burghardt, none; Caroline D. Burghardt, 5. Grandparents: Deceased. the Committee on Energy and Natural Re- none. 6. Brothers and spouses: Richard Weiser, sources. 4. Parents: Raymond F. Burghardt Sr. and none; Abigail Weiser, none. H.R. 2985. An act to amend the Federal Marguerite S. Burghardt: $50, 1998, Repub- 7. Sisters and Spouses: N/A. Trade Commission Act to increase civil pen- lican Nat’l Committee; $100, 1997, Republican alties for violations involving certain pro- Nat’l Committee. *J. Richard Blankenship, of Florida, to be scribed acts or practices that exploit popular 5. Grandparents (deceased). Ambassador Extraordinary and Pleni- reaction to an emergency or major disaster 6. Brothers and Spouses: none. potentiary of the United States of America declared by the President, and to authorize 7. Sisters and Spouses: none. to the Commonwealth of The Bahamas. the Federal Trade Commission to seek civil * Ronald Weiser, of Michigan, to be Ambas- (The following is a list of all members of penalties for such violations in actions sador Extraordinary and Plenipotentiary of my immediate family and their spouses. I brought under section 13 of that Act; to the the United States of America to the Slovak have asked each of these persons to inform Committee on Commerce, Science, and Republic. me of the pertinent contributions made by Transportation. Nominee: Ronald Weiser. them. To the best of my knowledge, the in- H.R. 3060. An act to amend the Securities Post: Ambassador to the Slovak Republic. formation contained in this report is com- Exchange Act of 1934 to augment the emer- (The following is a list of all members of plete and accurate.) gency authority of the Securities and Ex- my immediate family and their spouses. I Nominee: James Richard Blankenship. change Commission; to the Committee on have asked each of these persons to inform Post: Ambassador Commonwealth of the Ba- Banking, Housing, and Urban Affairs. me of the pertinent contributions made by hamas. H.R. 3240. An act to amend 38, United them. To the best of my knowledge, the in- Contributions, amount, date, donee. States Code, to restore certain education formation contained in this report is com- 1. Self: $1,000, 2000, George W. Bush for benefits of individuals being ordered to ac- plete and accurate.) President, Inc.; $5,000, 2,000, Republican tive duty as part of Operation Enduring Contributions, amount, date, donee. Party of Florida Federal Account ($1,000 re- Freedom; to the Committee on Veterans’ Af- 1. Self: $1,000, 03/13/97, Friends of Senator funded July 26, 2001); $20,000, 2000, Republican fairs. D’Amato; $1,000, 04/04/97, Matt Fong, U.S. National Committee. S11786 CONGRESSIONAL RECORD — SENATE November 14, 2001 2. Spouse: Kandra L. Blankenship, $1,000, State of California 1999: Anaheim Villager/ for Governor ’98; $1,000, 8/5/98, Matt Fong, 2000, George W. Bush for President, Inc. Casa, Madrid/Hampton Pointe, $250, 5/12/99, U.S. Senate; $2,000, 9/28/98, The Governor 3. Children and Spouses: None. Friends of Shirley McCracken; Arnel Devel- Thompson Committee; $250,000, 9/30/98, Re- 4. Parents: Dean Blankenship, $200, 1999, opment Company, $350, 10/29/99, Friends of publican National State Election Com- Republican National Committee; $440, 2000, Chuck Smith; Arnel Retail Group, Inc., $250, mittee; $1,000, 10/27/98, McCain for Senate ’98; Republican National Committee;; $1,000, 2000, 3/24/99, Committee to Re-elect Mayor Pete $1,000, 10/27/98, Royce Campaign Committee; George W. Bush for President, Inc.; $100, 2000, Fajardo; $250, 3/29/99, Committee to elect $1,000, 10/28/98, Committee to Re-elect Con- Republican National Committee; $100, 2001, Manuel ‘‘Manny’’ Ontal, Jr.; George L. gressman Dana Rohrabacher; GLA Financial Ann Blankenship, $1,000, 2000, George W. Argyros, $1,000, 2/17/99, Retain Chief Justice Corporation, $5,000, 8/14/98, Freedom & Free Bush for President, Inc. Christine M. George Committee; $1,000, 3/10/99, Friends of Enterprise Non-Federal PAC; Judie Argyros, Blankenship, and Helen D. Jones, none. Tom Daly; $500, 10/5/99, Committee to Elect $1,000, 8/12/98, Matt Fong, U.S. Senate; $1,000, 5. Grandparents: All deceased. Don McKinney; $10,000, 10/13/99, Righeimer 10/27/98, Committee to Re-elect Congressman 6. Brothers and Spouses: Dean B. Assembly 2000; $1,000, 10/20/99, Maddox for As- Dana Rohrabacher. Blankenship Jr., none; Jennifer Blankenship, sembly; $2,500, 11/10/99, Friends of Senator 1999 Non-California and Federal: George L. none. Ross Johnson; $15,000, 11/23/99, Victory 2000/ Argyros, $1,000, 3/10/99, Gov. George W. Bush 7. Sisters and Spouses: Lynne Driscoll and California Republican Party; $5,000, 11/23/99, Exploratory Committee, Inc.; $1,000, 3/10/99, Phillip A. Driscoll, none; Deanna Regan and Victory 2000/California Republican Party; Wilson for President Committee; $1,000, 3/24/ William Regan, none. $10,000, 11/27/99, San Francisco Republican 99, American Renewal PAC; $1,000, 6/23/99, Party of 1999; GLA Financial Corporation, Committee to Re-elect Dana Rohrabacher; *George L. Argyros, Sr., of California, to $1,500, 3/1/99, The Lincoln Club of Orange $1,000, 6/23/99, Gary Miller for Congress; be Ambassador Extraordinary and Pleni- County; $1,000, 5/26/99, Friends of Cynthia $1,000, 8/16/99, McCain 2000; $1,000, 9/1/99, potentiary of the United States of America Coad for Supervisor; $1,000, 6/7/99, Friends of Royce Campaign Committee; $1,000, 11/23/99, to Spain, and to serve concurrently and Mike Carona; $5,000, 7/14/99, Kathleen Connell Lieberman 2000; $1,000, 11/23/99, Mike Stoker without additional compensation as Ambas- Committee; $2,000, 7/28/99, Friends of Philip for Congress; GLA Financial Corporation, sador Extraordinary and Plenipotentiary of Angelides; $500, 8/3/99, Friends of Marilyn $1,000, 6/28/99, Independent Womens Action the United States of America to Andorra. Brewer; $10,000, 8/18/99, Citizens for Dean Project; $5,000, 10/13/99, Friends of Pataki (The following is a list of all members of Andal; Judie Argyros, $5,000, 12/1/99, Victory Committee; Judie Argyros, $1,000, 3/18/99, my immediate family and their spouses. I 2000/California Republican Party. Gov. George W. Bush Exploratory Com- have asked each of these persons to inform State of California 2000: Arker, Inc., $300, 9/ mittee, Inc.; $1,000, 3/18/99, Wilson for Presi- me of the pertinent contributions made by 29/00, Bill Borden for City Council; $249, 11/2/ dent Committee. them. To the best of my knowledge, the in- 00, Friends of Heather K. Somers; $500, 9/29/ 2000 Non-California and Federal: George L. formation contained in this report is com- 00, Friends of Senator Ross Johnson; $300, 9/ Argyros, $400, 6/22/00, CRNC Delegation; $500, plete and accurate.) 29/00, Gil Coeper for City Council; $300, 9/20/00, 1/19/00, Rogan for Congress; $1,000, 4/11/00, Nominee: George L. Argyros. Committee to Re-elect Pamela Julien for Friends of Dylan Glenn 2000; $1,000, 6/27/00, Post: Ambassador to Spain. H.B. City Council; Arnel Retail Group, Inc., The Mary Bono Committee; $1,000, 9/15/00, Tom Campbell for U.S. Senate; $1,000, 9/20/00, Contributions, amount, date, donee. $1,000, 4/6/00, Committee to Elect Daryl Lazio 2000; $500, 10/26/00, Rogan for Congress; 1. Self and Affiliates Sweeney; Cinnamon Creek Westminster, $5,000, 11/14/00, Bush-Cheney Recount Fund; State of California 1997: Arnel Develop- $300, 11/2/00, Friends of Frank Fry; Creekside $1,000, 11/23/00, Lieberman 2000; $1,000, 12/4/00; ment Company, $1,000, 5/16/97, The Lincoln Plaza Investment Co., $500, 9/29/00, Miguel Bob Smith for U.S. Senate; GLA Financial Club of Orange County; Casa Madrid Invest- Pulido for Mayor; George L. Argyros, $999, 10/ Corporation, $5,000, 5/23/00, The 2000 Repub- ments, $200, 12/8/97, Mayor Tom Daly Office- 26/00, Lynn Daucher for Assembly; GLA Fi- lican House-Senate; $10,000, 10/2/00, Small holder; George L. Argyros, $1,000, 4/9/97, Rior- nancial Corporation, $500, 1/19/00, Committee Business Survival Committee; Judie dan for Mayor, ’97; $500, 5/16/97, Lincoln Club to Elect James Cox; $5,000, 3/3/00, Kathleen Argyros, $1,000, 3/7/00, Gary Miller for Con- of Orange County; $1,000, 6/12/97, Curt Pringle Connell Committee; $5,000, 3/6/00, Friends of gress; $1,000, 9/30/00, Lazio 2000; $1,000, 9/30/00, for Controller; $250, 9/10/97, Jim Morrissey Of- Philip Angelides; $2,000, 4/11/00, The Lincoln fice Holder Account; $200, 11/21/97, Mike Tom Campbell for U.S. Senate. Club of Orange County State PAC; $75,000, 5/ 2001 Non-California and Federal: George L. Capizzi for Attorney General; Walnut Jeffrey 1/00, Republican National committee—Cali- Partnership, $250, 5/16/97, John B. Withers for Argyros, $125,000, 1/5/01, RNSEC; GLA Finan- fornia Account; $500, 5/8/00, Soboroff for cial Corporation, $50,000, 1/8/01, Presidential Water Board. Mayor; $2,000, 5/31/00, Friends of Bill Jones; State of California 1998: Arker, Inc., $2,500, Inaugural Committee; HBI Financial, Inc., $500, 6/14/00, Steve Cooley for District Attor- $50,000, 1/8/01, Presidential Inaugural Com- 4/29/98, Mike Capizzi for Attorney General; ney; $1,000, 6/14/00, The Society of the Plas- $500, 5/12/98, Ken Maddox for Assembly; $249, mittee. tics Industry PAC; $10,000, 12/19/00, Friends of 2. Spouse: Judie Argyros, $5,000, 12/1/99, 5/14/98; Friends of Craig Wilson; $1,000, 5/18/98, Bill Jones; $1,000, 12/12/00, Kathleen Connell Victory 2000 Calif. Rep. Party; $1,000, 9/19/97, Anthony ‘‘Tony’’ Rackaukas for District At- for Mayor; $250, 10/2/00, Ken Maddox for As- Matt Fong for U.S. Senate; $2,500, 6/30/98, torney; $999, 5/27/98, Friends of Cynthia Coad; sembly; $5,000, 10/17/00, Newport Beach To- Building our Bases—PAC; $1,000, 8/12/98, Matt $999, 5/27/98, John Hedges for Supervisor; $999, morrow; $500, 7/27/00, Scott Stiner for Orange Fong for U.S. Senate; $1,000, 10/27/01, Com- 5/27/98, Lou Lopez for Supervisor; $5,000, 5/29/ City Council; Sutton Place Investment Co., mittee To Re-elect Cong. Dana Rohrabacher; 98, Mike Capizzi for Attorney General; $200, 11/2/00, Friends of Frank Fry. $1,000, 3/18/99, Gov. George W. Bush Explor- $10,000, 5/29/98, Friends of Curt Pringle; State of California 2001: Arker, Inc., $2,000, atory Committee, Inc.; $1,000, 3/18/99, Wilson $25,000, 6/4/98, California Republican Party 02/25/01, Lincoln Club—State PAC; Arnel Re- for President Comm.; $1,000, 3/7/00, Gary Mil- Team California Account; $2,500, 8/25/98, Bill tail Group, Inc., $1,000, 02/13/01, Sweeney for ler for Congress; $1,000, 9/30/00, Lazio 2000; Jones for Secretary of State; $250, 8/25/98; Mayor; George L. Argyros, $500, 02/06/01, $1,000, 9/30/00, Tom Campbell for U.S. Senate. Citizens for Joanne Coontz; $10,000, 8/25/98, Friends of Chuck Smith; Sunbird Aviation 3. Children and Spouses: George L. Argyros Curt Pringle for State Treasurer; $10,000, 8/25/ Services (In-kind contribution), $3,319, 01/21/ Jr., none; Melissa Mitchell, none; Brad 98; Senate Republican Leadership Fund; 01, Friends of Bill Jones. Mitchell, none; Stephanie Gehl, none; Jeff $2,500, 8/25/98; Tim Leslie for Lieutenant Gov- 1997 Non-California and Federal: George L. Gehl, none. ernor; $249, 9/28/98, Committee to Elect Linda Argyros, $500, 3/12/97, Susan Brooks for Con- 4. Parents: Olga Argyros, none; Leon Dixon; $10,000, 10/6/98, Bill Leonard for As- gress; $1,000, 9/10/97, Matt Fong for U.S. Sen- George Argyros, none. sembly Committee; $249, 10/21/98, Claude Par- ate; $1,000, 9/10/97, Royce Campaign Com- 5. Grandparents: N/A. rish; $999, 10/27/98, Friends of Cynthia Coad mittee; $10,000, 10/22/97, GOPAC; GLA Finan- 6. Brothers and Spouses: N/A. for Supervisor; $999, 10/27/98, Lou Lopez for cial Corporation, $25,000, 11/3/97, National Re- 7. Sisters and Spouses: Lenore Trigonis, Supervisor; $249, 10/27/98, Tod Ridgeway for publican Senatorial Committee; Judie none; Kim Trigonis, none; Selia Poulos, Newport Beach City Council; $5,000, 10/28/98, Argyros, $1,000, 9/19/97, Matt Fong for U.S. none; George Poulos, none. Assembly Republican Leadership Fund; Senate. $25,000, 10/28/98, Lungren for Governor; $2,500, 1998 Non-California and Federal: Arker, * Larry Miles Dinger, of Iowa, a Career 10/30/98, Bill Jones for Secretary of State; Inc., $5,000, 8/25/98, ASPAC Corporate Ac- Member of the Foreign Service, to be Ambas- $5,000, 10/30/98, Curt Pringle for State Treas- count; $1,000, 8/30/98, Kempthorne for Gov- sador to the Federated States of Micronesia. (The following is a list of all members of urer; $300, 10/30/98, Savvas Roditis for City ernor; Arnel Development Company, $500, 1/ my immediate family and their spouses. I Council; $999 10/30/98, Zemel for Mayor; Arnel 13/98, Jeb Bush for Governor; George L. have asked each of these persons to inform Development Company, $8,400, 2/19/98, Team Argyros, $4,500, 1/8/98, Republican Party of me of the pertinent contributions made by NOEL ’98; $1,500, 4/1/98, The Lincoln Club of Florida; $1,000, 1/21/98, Congressman Joe Bar- them. To the best of my knowledge, the in- Orange County; Arnel Management Co., ton Committee; $1,000, 2/23/98, Friends of Lisa formation contained in this report is com- $1,005, 10/21/98, RHIEPAC; $663, 10/21/98 Hughes; $1,000, 3/25/98, The Mary Bono Com- plete and accurate.) RHIEPAC; $2,332, 10/21/98, RHIEPAC; George mittee; $1,000, 3/25/98, Committee to Re-elect Nominee: Larry Miles Dinger. L. Argyros, $5,000, 9/28/98; Dave Stirling for Congressman Dana Rohrabacher; $10,000, 4/20/ Post: Ambassador to the Federated States Attorney General; $249, 9/29/98, Committee to 98, Governor George Bush Committee; $250, 6/ of Micronesia. Elect Len Miller; $628, 10/1/98, Jim Silvia, Or- 15/98, Judge Jim Gray for Congress; $500, 6/15/ Contributions, amount, date, donee: ange County Supervisor. 98, Ken Calvert for Congress; $760, 8/5/98, Hull 1. Self: None. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11787 2. Spouse: Paula Gaffery Dinger, none. for Bunning; $15,000, 5/27/98, Republican Na- Allen M. Bond, III, $1,000, 6/30/99, Bush for 3. Children and Spouses: Cristina Maria tional Committee; $1,000, 12/19/97, Anne President Inc. Dinger, none; James Thomas Dinger, none; Northup for Congress; $5,000, 10/16/97, Repub- William Lyle Dinger, none. lican Party of Kentucky; $1,000, 9/26/97, Citi- * William D. Montgomery, of Pennsylvania, 4. Parents: Lyle Dinger, deceased; Lauraine zens for Bunning; $250, 7/18/97, Campaign a Career Member of the Senior Foreign Serv- Dinger, none. America; $15,000, 5/2/97, Republican National ice, Class of Minister-Counselor, to be Am- 5. Grandparents: William and Estella Committee. bassador Extraordinary and Plenipotentiary Miles, deceased; William and Christina 2. Spouse: Alice Cary Brown, $125, 1/8/01, of the United States of America to the Fed- Ky, Society of Washington—1 ticket to 2001 Dinger; deceased. eral Republic of Yugoslavia. 6. Brothers and Spouses: John and Michie Inaugural Bluegrass Ball; $1,750, 1/8/01, (The following is a list of all members of Dinger, none; Glen and Elizabeth Dinger, RNSEC—Team 100 Gold Pass for 2001 Presi- my immediate family and their spouses. I none. dential Inaugural. $100, 1/8/01, RNSEC–1 tick- have asked each of these persons to inform 7. Sisters and Spouses: Jan and Daniel et for 2001 Inaugural Parade; $125, 1/8/01, me of the pertinent contributions made by Duggan, none. RNSEC–1 ticket for 2001 Inaugural Balls; them. To the best of my knowledge, the in- $7,500, 3/17/01, Kentucky Victory 2002; $1,000, formation contained in this report is com- *Darryl Norman Johnson, of Washington, a 6/21/99, Anne Northup for Congress; $1,000, 5/7/ plete and accurate.) Career Member of the Senior Foreign Serv- 99, Gov. George W. Bush Presidential Explor- Nominee: William Dale Montgomery. ice, Class of Minister-Counselor, to be Am- atory Committee; $1,000, 3/30/99, Elizabeth Post: Yugoslavia. bassador Extraordinary and Plenipotentiary Dole for President Exploratory Committee; Contributions, amount, date, and donee: of the United States of America to the King- $1,000, 3/8/99, McConnell Senate Committee 1. Self: None. dom of Thailand. ’02 Primary; $1,000, 3/8/99, McConnell Senate (The following is a list of all members of Committee ’02 General Election; $1,000 6/25/ 2. Spouse: Lynne Germain Montgomery, none. my immediate family and their spouses. I 98, Anne Northup for Congress. have asked each of these persons to inform 3. Children and Spouses: William Lee 3. Children and Spouses: Alexander, Amel- me of the pertinent contributions made by Lyons Brown III and Susanna S. Brown, ia, Katarina, none. them. To the best of my knowledge, the in- none; Alice Cary Brown-Epstein and Stephen 4. Parents: Deceased. formation contained in this report is com- E. Epstein, none; Stuart Randolph Brown 5. Grandparents: Deceased. plete and accurate.) and Joanna Warburton Brown, none. 6. Brothers and Spouses: None. Nominee: Darryl N. Johnson. 4. Parents: Mrs. W.L. Lyons Brown, $250, 10/ 7. Sisters and Spouses: Merrie Montgomery Post: Ambassador to Thailand. 23/00, Republican National Committee; $200, King, none; Cynthia Montgomery Wernerfelt Contributions, amount, date, donee: 10/13/00, National Republican Senatorial and Birger Wernerfelt, none. 1. Self: None. Committee; $200, 9/6/00, NRCC; $20,000 5/25/00, 2. Spouse: Kathleen Forance, Johnson, $100, RNC Presidential Trust; $1,000, 6/14/99, Lin- 2000, Democratic Natl. Committee. * Melvin F. Sembler, of Florida, to be Am- coln Chaffee U.S. Senate; $1,000 6/22/99 Bush bassador Extraordinary and Plenipotentiary 3. Children and Spouses: Darawan Gideos for President Inc.; $1,000 4/7/99, McConnell and David Gideos, none; Lauren E. Johnson, of the United States of America to Italy. Senate Committee ’02 Primary; $1,000, 4/7/99, (The following is a list of all members of none; Gregory Johnson and Ellen Richards, McConnell Senate Committee ’02 General my immediate family and their spouses. I $100, $25, 2000 Gore/Leiberman; 1998, Carol Election; $24,900, 11/23/99 1999 State Victory have asked each of these persons to inform Mosely Braun for Senate. Fund Committee—$5,000 of which was des- me of the pertinent contributions made by 4. Parents: Laurell E. Johnson, (deceased); ignated for the Republican Party of KY. Norman B. Johnson, $50/yr Republican Na- 5. Grandparents: Deceased. them. To the best of my knowledge, the in- tional Committee. 6. Brothers and Spouses: Martin S. Brown, formation contained in this report is com- 5. Grandparents: Deceased. $500, 5/24/00, Gore 2000 Inc.; $1,000, 3/23/00, plete and accurate.) 6. Brother and Spouses: Linn V. Johnson, Friends of Roger Kahn Inc.; $250, 3/15/00, Frist Nominee: Melvin F. Sembler. none; Brian R. Johnson and Sue Johnson, 2000 Inc.; $1,000, 3/9/00, Gore 2000 Inc.; $1,000, 3/ Post: Ambassador—Italy. $175, 2000, Paul McCarthy for Congress (6th 9/00, Gore 2000 Inc.; $1,000, 5/5/99, Friends of Contributions, amount, date, donee: District of Massachusetts. Roger Kahn Inc.; $1,000, 2/24/99, Alexander for 1. Self: $350, 5/19/97, Citizens for Gilman; 7. Sisters and Spouses: N/A. President Inc.; $1,000, 11/13/98, Frist 2000 Inc. $1,000, 5/27/97, Missourians for Kit Bond; Elizabeth Brown: $1,000, 11/16/00, DNC; $1,000, $1,000, 6/30/97, Friends of Charlie Crist; $1,000, Lyons Brown, Jr., of Kentucky, to be Am- 6/10/99, Alexander for President Inc.; $500, 5/ 7/16/97, Coverdell Good Government Com- bassador Extraordinary and Plenipotentiary 24/00, Gore 2000 Inc. mittee; $1,000, 9/30/97, Fossella for Congress; of the United States of America to the Re- Owsley Brown: $200, 2/23/00, Van Hilleary $1,000, 10/14/97, Souder for Congress; $1,000, 10/ public of Austria. for Congress; $1,000, 1/13/00, Anne Northrup The following is a list of all members of 20/97, Friends of Connie Mack; $1,000, 11/11/97, for Congress; $250, 8/17/00, Friends of Roger D’Amato for Senate; $1,000, 12/23/97, Friends my immediate family and their spouses. I Kahn Inc.; $4,200, 9/30/00, Brown-Forman have asked each of these persons to inform of Charlie Crist; $1,000, 1/9/98, Frist 2000; Corp. PAC; $1,000 6/17/99, Friends of Roger $1,000, 1/23/98, Darrell Issa for U.S. Senate; me of the pertinent contributions made by Kahn Inc.; $1,000, 6/30/99, Bush for President them. To the best of my knowledge, the in- $1,000, 4/7/98, Abraham Senate 2000; $500, 4/37/ Inc.; $3,750, 7/12/99, Brown-Forman Corp. PAC; 98, Fox for Congress; $500, 4/27/98, Mike Bili- formation contained in this report is com- $500, 4/24/98, Rose for Congress; $250, 4/28/98, plete and accurate. rakis for Congress; $500, 4/27/98, Congressman Greenwood for Congress; $3,500, 8/24/98, Bill Young Campaign; $250, 5/14/98, American Nominee: W.L. Lyons Brown, Jr. Brown-Forman Corp. PAC; $250, 10/2/97, Citi- Post: Ambassador to the Republic of Aus- Renewal PAC; $1,000, 6/30/98, Citizens for zens for Bunning; $3,250, 7/25/97, Brown- tria. Bunning; $1,000, 8/10/98, American Renewal Forman Corp. PAC. PAC; $5,000, 9/2/98, Senate Victory 98; $1,000, Contributions, amount, date, donee: Christina Brown: $1,000, 11/16/00, America 1. Self: $125, 1/8/01, Ky. Society of Wash- 9/8/98, Housemann for Congress; $1,000, 9/8/9, Women Vote 2000; $2,500, 10/9/00, DNC-Non- ington—1 ticket to 2001 Inaugural Bluegrass Coverdell for Senate; $1,000, 9/14/98, Puerto Federal Individual; $1,000, 6/14/00, Eleanor Ball; $1,750, 1/8/01, RNSEC-Team 100 Gold Rico 21st Millennium PAC (NY); $1,000, 10/9/ Jordan for Congress; $1,000, 4/20/00, Eleanor Pass for 2001 Presidential Inaugural; $1,336, 1/ 98, The National PAC; $1,000, 10/26/98, Friends Jordan for Congress; $1,000, 4/20/00, Eleanor 8/01, Hotel Charges for Attending Presi- Jordan for Congress; $250, 6/29/99, Forbes 2000 of Newt Gingrich; $1,000, 12/30/98, Abraham dential Inaugural; $100, 1/8/01, RBNSEC—1 Inc., $1,000, 6/30/99, Elizabeth Dole for Presi- Senate 2000; $500, 3/8/99, Int’l Council of Shop- ticket for 2001 Inaugural Parade; $125, 1/8/01, dent Exploratory Committee Inc.; $1,000, 5/26/ ping Centers PAC; $1,000, 3/8/99, Gov. George RNSEC—1 ticket for 2001 Inaugural Balls; 99, Bill Bradley for President Inc.; $1,000, 10/ W. Bush Presidential Exploratory Com- $7,500, 3/17/01, Kentucky Victory 2002; $5,000, 5/98, Gorman for Congress; $500, 5/8/98, mittee; $1,000, 3/10/99, Kyl for Senate; $1,000, 11/13/00, Bush/Cheney Recount Fund; $80,000, Friends of Virginia Woodward for Congress; 5/7/99, George Allen Exploratory Committee; 4/10/00, Republican National State Elections $500, 4/29/98, Friends of Jonathan Miller; $500, $1,000, 5/7/99, Ashcroft 2000; $1,000, 5/7/99, Committee; $20,000, 4/10/00, Republican Na- 6/19/97, Friends of Jonathan Miller. McConnell Senate Committee; $1,000, 5/14/99, tional Committee; $1,000, 3/27/00, Anne 7. Sisters and Spouses: Ina Brown Bond, McCollum for Senate; $1,000, 6/11/99, Amer- Northup for Congress; $10,000, 12/14/99, 1999 $5,000, 1/14/00, Republican Party of KY; $500, ican Renewal PAC; $1,000, 6/16/99, Whitman State Victory Fund Committee; $1,000, 5/77/ 10/31/00, Brown-Forman Corp. PAC; $2,500, 7/ for U.S. Senate; $1,000, 8/2/99, Whitman for 99, Gov. George W. Bush Presidential, Ex- 24/00, KY State Democratic Central Execu- Senate; $1,000, 10/22/99, Friends of Scott ploratory Committee; $1,000, 4/27/99, Anne tive Committee; $5,000, 5/31/00, RNC; $500, 3/10/ McInnis; $1,000, 12/15/99, The National PAC; Northup for Congress; $15,000, 4/23/99, Repub- 00, Anne Northup for Congress; $500, 3/10/00, $1,000, 12/15/00, Issa for Congress; $1,000, 1/11/ lican National Committee; $1,000, 4/23/99, Anne Northup for Congress; $1,000, 6/30/99, 00, Adam Putnam for Congress; $1,000, 1/26/00, McConnell Senate Committee ’02 Primary; Bush for President Inc.; $1,000, 8/17/99, Bush Bob Franks for U.S. Senate; $500, 2/22/00, Bili- $1,000, 4/23/99, McConnell Senate Committee for President Inc.; $500, 7/29/99, Anne Northup rakis for Congress; $1,000, 3/15/00, Friends of ’02 General Election; $1,000, 3/30/99, Elizabeth for Congress; $250, 10/14/98, Anne Northup for Giuliani; $1,000, 3/15/00, Weingarten for Con- Dole for President Exploratory Committee; Congress; $250, 3/31/98, Anne Northup for Con- gress; $1,000, 3/15/00, Bill Roth for Senate; $2,500, 7/16/98, Republican Party of Kentucy— gress; $1,000, 11/14/97, KY State Democratic $1,000, 4/12/00, Mike Rogers for Congress; $500, Non-Federal Fund; $1,000, 6/25/98, Anne Central Executive Committee; $1,000, 7/24/97, 6/19/00, Int’l Council of Shopping Centers Northup for Congress; $1,000, 6/20/98, Citizens Anne Northup for Congress. PAC; $1,000, 6/19/00, Scott McInnis. S11788 CONGRESSIONAL RECORD — SENATE November 14, 2001 2. Spouse: Betty Sembler, $1,000, 6/2/97, The Friends of Connie Mack; $1,000, 3/25/99, Bush * Cynthia Shepard Perry, of Texas, to be Hatch Election Committee; $250, 8/28/97, Fox for President; $200, 11/13/99, Bill McCollum. United States Director of the African Devel- for Congress; $50, 9/8/97, Republican National 4. Parents: Deceased. opment Bank for a term of five years. Committee; $250, 9/19/97, Nielson Congress ’98; 5. Grandparents: Deceased. * Jose A. Fourquet, of New Jersey, to be $250, 9/23/97 Citizens of Gilman; $2000, 10/17/97, 6. Brothers and spouses: Eugene Sembler United States Executive Director of the Friends of Connie Mack; $1,000, 11/25/97, (deceased). Inter-American Development Bank for a Souder for Congress 98 General Election; 7. Sisters and spouses: Sidney and Delores term of three years. $1,000, 12/23/97, Friends of Charlie Crist; $100, Krakower, none; Herschel and Norma Rich, * Charles Lawrence Greenwood, Jr., of 2/2/98, Bordonaro for Congress; $1,000, 2/2/98, none. Florida, a Career Member of the Senior For- Friends of Charlie Crist; $250, 2/20/98, Nielson Stephan Michael Minikes, of the District eign Service, Class of Minister-Counselor, for for Congress 98; $1,000, 4/7/98, Abraham for of Columbia, to be U.S. Representative to the rank of Ambassador during his tenure of Senate; $500, 4/27/98, Fox for Congress; $250, 5/ the Organization for Security and Coopera- service as Coordinator for Asia Pacific Eco- 22/98, American Renewal PAC; $500, 6/16/98, tion in Europe, with the rank of Ambassador. nomic Cooperation (APEC). Heather Wilson for Congress (special elec- (The following is a list of all members of * Ernest L. Johnson, of Louisiana, to be an tion); $1,500, 6/18/98, Heather Wilson for Con- my immediate family and their spouses. I Alternate Representative of the United gress (special election); $100, 6/24/98, Fox for have asked each of these persons to inform States of America to the Fifty-sixth Session Congress; $500, 7/21/98, Souder for Congress; me of the pertinent contributions made by of the General Assembly of the United Na- $500, 7/21/98, Friends of Scott McInnes; $500, 8/ them. To the best of my knowledge, the in- tions. 26/98, American Renewal PAC; $500, 9/17/98, formation contained in this report is com- * William J. Hybl, of Colorado, to be Rep- Heather Wilson for Congress (special elec- plete and accurate.) resentative of the United States of America tion); $569, 10/10/98, Citizens for Gilman; Nominee: Stephan Michael Minikes. to the Fifty-sixth Session of the General As- $1,000, 10/26/98, Friends of Newt Gingrich; Post: U.S. Representative to the Organiza- sembly of the United Nations. $250, 12/2/98, John Isakson for Congress; tion for Security and Cooperation in Europe, * Nancy Cain Marcus, of Texas, to be an Al- $1,000, 1/6/99, Abraham Senate 2000; $250, 1/13/ with the rank of Ambassador. ternative Representative of the United 99, Georgians for Isakson; $1,000, 3/8/99, Gov- Contributions, amount, date, donee: States of America to the Fifty-sixth Session ernor George W. Bush Exploratory Com- 1 Self: $1,000, 1/22/97, Cong. Bud Shuster; of the General Assembly of the United Na- mittee; $1,000, 3/17/99, Friends of Connie $500, 3/4/97, Cong. Nancy Johnson; $425, 4/15/97, tions. Mack; $1,000, 4/7/99, Adam Smith PAC; $500, 6/ Reid & Priest PAC; $1,000, 4/16/97, Cong. John * Constance Berry Newman, of Illinois, to 11/99, Dewine for U.S. Senate; $500, 6/16/99, Murtha; $500, 5/15/97, Cong. Curt Weldon; $500, be an Assistant Administrator of the United American Renewal PAC; $1,000, 6/30/99, Watts 5/20/97, Gov. Rob Andrews; $500, 6/12/97, Cong. States Agency for International Develop- for Congress; $500, 8/3/99, Souder for Congress, Scott McInnis; $1,000, 6/24/97, Sen. Arlen ment. Inc.; $1,000, 10/14/99, Jon Kyl for U.S. Senate; Specter; $2,000, 7/29/97, Democratic Congres- * Christopher Bancroft Burnham, of Con- $1,000, 10/14/99, Bill McCollum for U.S. Sen- sional Campaign Committee; $200, 8/20/97, necticut, to be Chief Financial Officer, De- ate; $1,000, 11/3/99, Anne Northrup for Con- Cong. Regula; $425, 8/27/97, Reid & Priest partment of State. * Robert M. Beecroft, of Maryland, a Ca- gress; $1,000, 11/10/99, Friends of Scott PAC; $500, 9/10/97, Cong. Joe McDade; $500, 11/ McInnis; $1,000, 12/9/99, Bill McCollum for 13/97, Cong. Tom Foglietta; $500, 12/23/97, reer Member of the Senior Foreign Service, U.S. Senate; $1,000, 3/11/00, Bush for Presi- Cong. Rob Andrews; $1,000, 1/30/98, Cong. Bud Class of Minister-Counselor, for the rank of dent; $100, 4/10/00, Dewine for U.S. Senate; Shuster; $500, 3/3/98, Cong. LaTourette; $457, Ambassador during his tenure of service as $1,000, 4/12/00, Clay Shaw for Congress; $500, 5/ 4/21/98, Reid & Priest PAC; $1,000, 5/1/98, Cong. Head of Mission, Organization for Security 5/00, Mike Rogers for Congress; $1,000, 5/18/00, John Murtha; $500, 5/14/98, Cong. Fattah; $500, and Cooperation in Europe (OSCE), Bosnia Bush for President, Inc.; ($500), 7/31/01, Heath- 9/24/98, Sen. Leahy; $1,000, 10/8/98, National and Herzegovina. * Charles Lester Pritchard, of Virginia, for er Wilson for Congress (special election—re- Republican Congressional Corporate Ac- the rank of Ambassador during his tenure of fund). count—Cong. Weldon; $350, 10/9/98, Thelen service as Special Envoy for Negotiations 3. Children and Spouses: M. Steven Reid & Priest PAC; $250, 10/19/98, Cong. Bob with the Democratic People’s Republic of Sembler, $500, 9/9/97, Mark Souder for Con- Brady; $500, 3/23/99, Cong. LaTourette; $500, 3/ Korea (DPRK) and United States Represent- gress; $1,000, 3/12/99, George W. Bush Explor- 23/99, Cong. Scott McInnis; $370, 3/31/99, ative to the Korean Peninsula Energy Devel- atory Committee; $1,000, 10/29/99, Jon Kyl for Thelen Reid & Priest PAC; $1,000, 4/13/99, opment Organization (KEDO). Senator. Diane Sembler, $500, 9/27/97, Souder Cong. Pete Sessions; $1,000, 5/3/99, Cong. John for Congress, Inc.; $500, 3/31/99, Bush for * John Marshall, of Virginia, to be an As- Murtha; $1,000, 6/21/99, Gov. George W. Bush sistant Administrator of the United States President, Inc.; $1,000, 11/24/99, Jon Kyl for Presidential Exploratory Committee; $370 19/ U.S. Senate; $1,000, 8/31/00, Bill McCollum for Agency for International Development. 21/99, Thelen Reid & Priest PAC; $1,000, 10/21/ * Christopher Bancroft Burnham, of Con- U.S. Senate; $1,000, 10/31/00, Bill McCollum 99, Sen. Santorum; $1,000, 10/22/99, Governor’s for U.S. Senate. Brent Sembler, $1,000, 10/20/ necticut, to be an Assistant Secretary of Leadership Fund (Gov. Engler/Michigan); State (Resource Management). 97, Souder for Congress; $1,000, 10/27/97, $1,000, 11/16/99, GELAC Fund; $1,000, 2/9/00, Friends of Connie Mack; $2,000, 11/24/97, Friends of Jim Oberstar; $1,000, 2/28/00, Cong. Mr. BIDEN. Mr. President, for the Friends of Charlie Crist; $1,000, 4/8/98, Abra- Pete Sessions; $1,000, 3/24/00, Cong. Scott Committee on Foreign Relations I re- ham Senate 2000; $1,000, 10/23/98, Newt Ging- McInnis; $355, 3/24/00, Thelen Reid & Priest port favorably the following nomina- rich; $1,000, 4/4/99, George W. Bush for Presi- PAC; $1,000, 5/24/00, Murtha for Congress; tion lists in the Foreign Service which dent; $500, 9/7/99, Republican Party of Florida $1,000, 5/25/00, Bob Brady for Congress; $500, 6/ were printed in the RECORDS on the Federal Campaign Account; $1,000, 11/23/99, 28/00, Rogan for Congress; $1,000, 6/30/00, dates indicated, and ask unanimous Jon Kyl for U.S. Senate; $1,000, 12/9/99, Bill Dickey for Congress; $335, 7/27/00, Thelen McCollum for U.S. Senate; $500, 2/28/00, Mike consent, to save the expense of reprint- Reid & Priest PAC; $1,000, 10/24/00, Victory ing on the Executive Calendar that Bilirakis for Congress; $1,000, 8/30/00, Bill 2000 (Alabama Rep. Shelby); $1,000, 10/25/00, McCollum for U.S. Senate; $1,000 9/27/00, Victory 2000 (Cheney event); $1,000, 10/28/00, these nominations lie at the Sec- Adam Putnam for Congress; $5,000, 9/29/00, Andrews for Congress; $1,000, 1/25/01, PETE retary’s desk for the information of Republican Party of Florida Federal Cam- Pac; $500, 4/3/01, Cantwell for Senate; $395, 5/ Senators. paign Account; $500, 3/19/00, Republican Party 3/01, Thelen Reid & Priest PAC; $7,500, 5/8/01, The PRESIDING OFFICER. Without of Florida Federal Campaign Account. Presidential Gala Table; $15,000, 5/15/01, Re- objection, it is so ordered. Debbie Sembler, $1,000, 12/16/97, Friends of publican National Finance Committee; Foreign Service nomination of Terence J. Charlie Crist; $500, 5/15/99, Bill McCollum $1,000, 6/8/01, Murtha for Congress; $1,000, 6/8/ Donovan. Campaign; $1,000, 11/8/99, Jon Kyl for U.S. 01, Weldon for Congress; $1,000, 6/8/01, Borski Foreign Service nominations beginning Senate. Gregory Sembler; $500, 2/13/97, for Congress. Keith E. Brown and ending Olivier C. Friends of Connie Mack; $500, 9/16/98, Souder 2. Spouse: Dianne C. Minikes, $100, 6/23/98, Carduner, which nominations were received for Congress; $500, 10/17/97, Souder for Con- Committee to Re-elect Nancy Dacek; $1,000, by the Senate and appeared in the Congres- gress; $1,000, 4/6/98, Abraham Senate 2000; 6/21/99, Gov. George W. Bush, Presidential sional Record on October 16, 2001. $1,000, 10/22/98, Friends of Newt Gingrich; Exploratory Committee; $1,000, 2/28/00, Pete By Mr. LIEBERMAN for the Committee on $1,000, 5/10/99, George W. Bush Presidential Sessions for Cong. $1,000, 5/22/00, Weldon for Governmental Affairs. Exploratory Committee; $500, 9/7/99, Repub- Congress; $1,000, 5/22/00, Bush for President Odessa F. Vincent, of the District of Co- lican Party of Florida Federal Campaign Ac- Compliance Committee; $20,000, 5/31/00, RNC lumbia, to be an Associate Judge of the Su- count; $1,000, 11/18/99, Jon Kyl for U.S. Sen- Presidential Trust; $1,000, 6/22/00, Sandhill perior Court of the District of Columbia for ate; $800, 12/8/99, Bill McCollum; $100, 2/25/00, PAC (Sen. Hagel). the term of fifteen years. Friends of Guiliani; $100, 4/11/00, Bill McCol- 3. Children and Spouses: Alexandra C. *Nomination was reported with rec- lum; $500, 5/19/00, Bill McCollum; $100, 7/13/00, Minikes, $1,000, 6/30/99, Gov. George W. Bush, ommendation that it be confirmed sub- Rick Lazio; $400, 8/30/00, Bill McCollum. Eliz- Presidential Exploratory Committee. ject to the nominee’s commitment to abeth Sembler, $500, 2/10/97, Friends of 4. Parents: Deceased. Connie Mack; $500, 2/10/97, Friends of Connie 5. Grandparents: Deceased. respond to requests to appear and tes- Mack; $500, 2/13/97, Friends of Connie Mack; 6. Brothers and Spouses: N/A. tify before any duly constituted com- $500, 10/24/97, Adam Smith; $500, 11/9/97, 7. Sisters and Spouses: N/A. mittee of the Senate. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11789 (Nominations without an asterisk By Mr. HELMS: program for providing financial assist- were reported with the recommenda- S. 1694. A bill to suspend temporarily the ance for local rail line relocation tion that they be confirmed.) duty on buctril; to the Committee on Fi- projects, and for other purposes. nance. S. 1020 f By Mr. HELMS: INTRODUCTION OF BILLS AND S. 1695. A bill to suspend temporarily the At the request of Mr. HARKIN, the JOINT RESOLUTIONS duty on bronate; to the Committee on Fi- name of the Senator from Kentucky nance. (Mr. BUNNING) was added as a cosponsor The following bills and joint resolu- By Mr. HELMS: of S. 1020, a bill to amend title XVIII of tions were introduced, read the first S. 1696. A bill to suspend temporarily the the Social Security Act to improve the and second times by unanimous con- duty on asulox; to the Committee on Fi- provision of items and services pro- sent, and referred as indicated: nance. vided to medicare beneficiaries resid- By Mr. HELMS: By Mr. CORZINE: ing in rural areas. S. 1682. A bill to designate buildings 315, S. 1697. A bill to suspend temporarily the 318, and 319 located at the William J. Hughes duty on cyclanilide; to the Committee on Fi- S. 1058 Technical Center of the Federal Aviation Ad- nance. At the request of Mr. HUTCHINSON, ministration in Atlantic City, New Jersey, By Mr. HELMS: the names of the Senator from Ne- as the ‘‘Frank R. Lautenberg Aviation Secu- S. 1698. A bill to suspend temporarily the braska (Mr. HAGEL), the Senator from rity Complex’’; to the Committee on Com- duty on iprodione; to the Committee on Fi- Missouri (Mr. BOND), and the Senator merce, Science, and Transportation. nance. from Minnesota (Mr. WELLSTONE) were By Mr. HARKIN: By Mr. HELMS: added as cosponsors of S. 1058, a bill to S. 1683. A bill to amend the Emergency S. 1699. A bill to suspend temporarily the Food Assistance Act of 1983 to permit States duty on foramsulfuron; to the Committee on amend the Internal Revenue Code of to use administrative funds to pay costs re- Finance. 1986 to provide tax relief for farmers lating to the processing, transporting, and By Mr. HELMS: and the producers of biodiesel, and for distributing to eligible recipient agencies of S. 1700. A bill to suspend temporarily the other purposes. donated wild game; to the Committee on Ag- duty on acetamiprid; to the Committee on S. 1201 riculture, Nutrition, and Forestry. Finance. By Mr. DORGAN (for himself, Mr. At the request of Mr. HATCH, the By Mr. HELMS: name of the Senator from Tennessee CRAIG, Mr. BAUCUS, Mr. GRASSLEY, S. 1701. A bill to suspend temporarily the Mr. BAYH, Mr. BENNETT, Mr. CARPER, duty on fosetyl-A1; to the Committee on Fi- (Mr. FRIST) was added as a cosponsor of Ms. COLLINS, Mr. CRAPO, Mr. ENSIGN, nance. S. 1201, a bill to amend the Internal Mr. HOLLINGS, Mr. HUTCHINSON, Mr. By Mr. HELMS: Revenue Code of 1986 to provide for S INHOFE, Mr. KYL, Mrs. LINCOLN, Mr. S. 1702. A bill to suspend temporarily the corporation reform, and for other pur- MURKOWSKI, Mrs. MURRAY, Mr. SMITH duty on endosulfan; to the Committee on Fi- poses. of Oregon, and Mr. FRIST): nance. S. 1271 S. 1684. A bill to provide a 1-year extension By Mr. HELMS: At the request of Mr. VOINOVICH, the of the date for compliance by certain covered S. 1703. A bill to suspend temporarily the entities with the administrative simplifica- duty on ethoprop; to the Committee on Fi- names of the Senator from Kentucky tion standards for electronic transactions nance. (Mr. BUNNING), the Senator from Geor- and code sets issued in accordance with the By Mr. WELLSTONE (for himself, Mr. gia (Mr. CLELAND), the Senator from Health Insurance Portability and Account- DAYTON, and Mr. HARKIN): Delaware (Mr. CARPER), and the Sen- ability Act of 1996; to the Committee on Fi- S. 1704. A bill to amend the Clayton Act to nance. ator from Connecticut (Mr. LIEBERMAN) make the antitrust laws applicable to the By Mr. DODD (for himself, Mr. DEWINE, were added as cosponsors of S. 1271, a elimination or relocation of major league and Ms. COLLINS): bill to amend chapter 35 of title 44, S. 1685. A bill to meet the needs of children baseball franchises; to the Committee on the United states Code, for the purpose of Judiciary. when preparing for and responding to acts of facilitating compliance by small busi- terrorism; to the Committee on Health, Edu- By Mr. HATCH (for himself, Mr. SCHU- MER, and Mr. SPECTER): ness concerns with certain Federal pa- cation, Labor, and Pensions. perwork requirements, to establish a By Mr. KENNEDY (for himself, Mr. S.J. Res. 29. A joint resolution amending KERRY, Mr. REID, Mr. WELLSTONE, title 36, United States Code, to designate task force to examine the feasibility of and Mrs. CLINTON): September 11 as Patriot Day; to the Com- streamlining paperwork requirements S. 1686. A bill to amend title XVIII of the mittee on the Judiciary. applicable to small business concerns, Social Security Act to provide for patient ADDITIONAL COSPONSORS and for other purposes. protection by limiting the number of manda- S. 1317 tory overtime hours a nurse may be required S. 198 At the request of Mr. SCHUMER, the to work in certain providers of services to At the request of Mr. CRAIG, the name of the Senator from New Jersey which payments are made under the medi- name of the Senator from Nevada (Mr. care program; to the Committee on Finance. (Mr. CORZINE) was added as a cosponsor By Mr. HELMS: ENSIGN) was added as a cosponsor of S. of S. 1317, a bill to amend title XVIII of S. 1687. A bill to extend the temporary sus- 198, a bill to require the Secretary of the Social Security Act to provide for pension of duty with respect to Diclofop; to the Interior to establish a program to equitable reimbursement rates under the Committee on Finance. provide assistance through States to the medicare program to By Mr. HELMS: eligible weed management entities to Medicare+Choice organizations. S. 1688. A bill to extend the temporary sus- control or eradicate harmful, non- pension of duty with respect to Thidiazuron; S. 1500 to the Committee on Finance. native weeds on public and private At the request of Mr. KYL, the names By Mr. HELMS: land. of the Senator from Georgia (Mr. S. 1689. A bill to extend the temporary sus- S. 673 CLELAND) and the Senator from New pension of duty with respect to At the request of Mr. HAGEL, the Mexico (Mr. DOMENICI) were added as Deltamethrin; to the Committee on Finance. name of the Senator from New Mexico By Mr. HELMS: cosponsors of S. 1500, a bill to amend S. 1690. A bill to extend the temporary sus- (Mr. DOMENICI) was added as a cospon- the Internal Revenue Code of 1986 to pension of duty with respect to sor of S. 673, a bill to establish within provide tax and other incentives to Phenmedipham; to the Committee on Fi- the executive branch of the Govern- maintain a vibrant travel and tourism nance. ment an interagency committee to re- industry, to keep working people work- By Mr. HELMS: view and coordinate United States non- ing, and to stimulate economic growth, S. 1691. A bill to extend the temporary sus- proliferation efforts in the independent pension of duty with respect to and for other purposes. Desmedipham; to the Committee on Finance. states of the former Soviet Union. S. 1503 By Mr. HELMS: S. 948 At the request of Mr. ROCKEFELLER, S. 1692. A bill to extend the temporary sus- At the request of Mr. LOTT, the name the name of the Senator from New pension of duty with respect to of the Senator from Nevada (Mr. REID) Mexico (Mr. BINGAMAN) was added as a Ethofumesate; to the Committee on Finance. was added as a cosponsor of S. 948, a cosponsor of S. 1503 , a bill to extend By Mr. HELMS: S. 1693. A bill to extend the temporary sus- bill to amend title 23, United States and amend the Promoting Safe and pension of duty with respect to Code, to require the Secretary of Stable Families Program under sub- Tralomethrin; to the Committee on Finance. Transportation to carry out a grant part 2 of part B of title IV of the Social S11790 CONGRESSIONAL RECORD — SENATE November 14, 2001 Security Act , to provide the Secretary J. Hughes Technical Center of the Fed- owning a gun. He wrote the Right-to- of Health and Human Services with eral Aviation Administration in Atlan- Know Act, which requires companies to new authority to support programs tic City, New Jersey, as the ‘‘Frank R. disclose the chemicals they produce mentoring children of incarcerated Lautenberg Aviation Security Com- and store. He wrote the Public and As- parents, to amend the Foster Care plex’’; to the Committee on Commerce, sisted Housing Drug Elimination Act, Independent Living Program under Science, and Transportation. which has made a huge difference in part E of title IV of the Social Security Mr. CORZINE. Mr. President, today I improving the lives of residents of pub- Act to provide for educational and am introducing legislation to honor lic housing. Also, as the Ranking Mem- training vouchers for youths aging out one of the finest Senators to represent ber of the Senate Budget Committee, of foster care, and for other purposes. my State of New Jersey, Frank R. Lau- he played a major role in debates over S. 1518 tenberg. My bill would designate spe- fiscal policy, and in the development of At the request of Mr. BOND, the name cific buildings located at the Federal the Balanced Budget Act of 1997, which of the Senator from West Virginia (Mr. Aviation Administration’s William J. helped lead to our first budget sur- ROCKEFELLER) was added as a cospon- Hughes Technical Center in Atlantic pluses after a long history of deficits. sor of S. 1518, a bill to improve proce- City, New Jersey as the ‘‘Frank R. Designating these buildings as the dures with respect to the admission to, Lautenberg Aviation Security Com- Frank R. Lautenberg Aviation Secu- and departure from, the United States plex.’’ rity Complex is a small but important of aliens. Designating these buildings as the way we can pay tribute to a man who Frank R. Lautenberg Aviation Secu- has contributed so much to our State S. 1661 rity Complex would be an appropriate and our Nation. I personally am hon- At the request of Mrs. FEINSTEIN, the tribute to Senator Lautenberg. No one ored to serve as his successor in the name of the Senator from South Da- has been a greater champion for trans- Senate, and I hope that the Congress kota (Mr. JOHNSON) was added as a co- portation interests in the United will act quickly on this important leg- sponsor of S. 1661, a bill to set up a cer- States Senate. Senator Lautenberg islation. tification system for research facilities consistently made transportation a top I ask unanimous consent that the that possess dangerous biological priority and served for many years as text of the bill be printed in the agents and toxins, and for other pur- Chairman of the Transportation Appro- RECORD. poses. priations Subcommittee, as well as There being no objection, the bill was S. 1671 serving on the Environment and Public ordered to be printed in the RECORD, as At the request of Mr. GRASSLEY, the Works Committee. Over the years, he follows: name of the Senator from Kansas (Mr. accumulated a long list of related ac- S. 1682 BROWNBACK) was added as a cosponsor complishments. Be it enacted by the Senate and House of Rep- of S. 1671, a bill to amend the Trade For example, he authored legislation resentatives of the United States of America in Act of 1974 to provide for duty-free to ban smoking on all flights within Congress assembled, treatment under the Generalized Sys- the United States, which provides re- SECTION 1. DESIGNATION OF FRANK R. LAUTEN- tem of Preferences (GSP) for certain lief from secondhand smoke to thou- BERG AVIATION SECURITY COM- hand-knotted or hand-woven carpets PLEX. sands of air travelers annually. He was Buildings 315, 318, and 319 located at the and leather gloves. a staunch defender of Amtrak, success- William J. Hughes Technical Center of the S. 1673 fully led efforts to protect its funding Federal Aviation Administration in Atlantic At the request of Mr. HUTCHINSON, in the face of those who oppose our na- City, New Jersey, shall be known and des- the name of the Senator from Alabama tional passenger rail system, and devel- ignated as the ‘‘Frank R. Lautenberg Avia- (Mr. SESSIONS) was added as a cospon- oped landmark legislation to authorize tion Security Complex’’. sor of S. 1673, a bill to provide for the the issuance of bonds to support high SEC. 2. REFERENCES. continuation of agricultural programs speed rail. He also wrote the law that Any reference in a law, map, regulation, increases the legal drinking age from document, paper, or other record of the through fiscal year 2011. United States to the buildings referred to in S. 1675 18 to 21, which has been credited with section 1 shall be deemed to be a reference to At the request of Mr. BROWNBACK, the saving countless lives on our nation’s the Frank R. Lautenberg Aviation Security name of the Senator from Arizona (Mr. highways. Complex. I also would note that Senator Lau- KYL) was added as a cosponsor of S. 1675, a bill to authorize the President tenberg played an important role in By Mr. HARKIN: S. 1683. A bill to amend the Emer- to reduce or suspend duties on textiles supporting the Technical Center in At- gency Food Assistance Act of 1983 to and textile products made in Pakistan lantic City, so it is especially appro- permit States to use administrative until December 31, 2004. priate that he be honored at the Cen- ter. funds to pay costs relating to the proc- S. CON. RES. 44 Senator Lautenberg always worked essing, transporting, and distributing At the request of Mr. FITZGERALD, hard to steer Federal funds to New Jer- to eligible recipient agencies of do- the name of the Senator from Illinois sey for both road and rail projects, and nated wild game; to the Committee on (Mr. DURBIN) was added as a cosponsor had considerable success. These Agriculture, Nutrition, and Forestry. of S.Con.Res. 44, a concurrent resolu- projects have been immensely impor- Mr. HARKIN. Mr. President, since tion expressing the sense of the Con- tant in easing traffic congestion in September 11 we have all seen the gen- gress regarding National Pearl Harbor New Jersey, our Nation’s most densely erous spirit of volunteerism in our Remembrance Day. populated State. As a member of the communities. Americans have given S. CON. RES. 79 committees that will reauthorize the blood, donated to soup kitchens and At the request of Mr. THURMOND, the transportation bill, the Environment clothing drives, all in record numbers. name of the Senator from Alabama and Public Works and Banking Com- Although this tragedy has heightened (Mr. SESSIONS) was added as a cospon- mittees, I hope to continue Senator the levels of giving, Americans were sor of S.Con.Res. 79, a concurrent reso- Lautenberg’s legacy in this area. In helping each other through the tough lution expressing the sense of Congress particular, I am hoping to work for times long before September 11. I rise that public schools may display the funding of a new commuter rail tunnel today to recognize one type of program words ‘‘God Bless America’’ as an ex- across the Hudson River that would that is helping to feed families caught pression of support for the Nation. link New Jersey and Midtown Manhat- up in the economic downturn. f tan. Take Tim Powers. Tim lives in Lis- Beyond his many successes in the bon, IA. During the week, he works STATEMENTS ON INTRODUCED area of transportation, Frank Lauten- hard at Whitetails Unlimited. but on BILLS AND JOINT RESOLUTIONS berg had many other accomplishments the weekends, Tim runs a game dona- By Mr. CORZINE: during his 18-year career in the Senate. tion program. First, Tim negotiates S. 1682. A bill to designate buildings He authored legislation barring people with local butchers for reduced rates 315, 318, and 319 located at the William convicted of domestic violence from on the meat processing. Then, he November 14, 2001 CONGRESSIONAL RECORD — SENATE S11791 reaches out to local hunting groups through which commodity foods are gency and rescue services for children; and lets them know they can donate made available to the States. Food is ensure that all needed medicines in the their extra game to Iowa’s soup kitch- then provided to food banks, soup case of bioterrorist attack can be safe- ens. It is a great way to help those in kitchens, and food pantries for dis- ly used for children; ensure that the need, it’s all volunteer, and it makes tribution to the public. mental health needs of children di- sense. Similar programs have popped In addition, my legislation would in- rectly affected by terrorist and bioter- up across America, like Hunters for the crease the authorization of TEFAP ad- rorist attacks are addressed; and, en- Hungry, Farmers and Hunters Feeding ministrative funds from $50 million to able the Secretary of HHS to determine the Hungry, and Sportsmen Against $70 million. This increase is intended to and respond to other unique needs that Hunger. cover the potential cost of game dona- children may have related to ter- Tim Powers and these organizations tion programs in every State, however, rorism. remind us all that hunting isn’t simply the legislation gives States the flexi- Shockingly, not all ambulances, hos- a sport. It takes me back to my child- bility to use those funds for their cur- pitals and emergency personnel are hood in Cumming, IA. I was one of six rent TEFAP programs, if they so prepared to handle children’s emer- kids and my father was a coal miner, choose. gencies, let alone emergencies related so there were some hard times. Often, I want to stress this point: States to terrorism. In fact, fewer than half of hunting helped to decide how well my would not be required to use any of the all hospitals with emergency depart- family would eat. Believe me, that will additional funds for the hunting-dona- ments have the equipment necessary to motivate you to become a good shot. tion programs. My bill would simply stabilize seriously injured children. And we hunted just about anything provide them with the option and the Our bill will expand the Emergency that moved, not just deer but ducks, flexibility to use a portion of their Medical Services for Children Grant pheasants, and rabbits. TEFAP administrative funds to process Program administered by the Depart- But when we did have more than donated game. The remainder of the ment of Health and Human Services. enough to feed the family, we shared it funds would cover traditionally allow- Those first on the ground need to be with the neighbors. It was the right able expenses like transportation and prepared to deal with the specific needs thing to do. And today, Tim Powers storage costs, and gleaning and other of children in any type of terrorist or and others are keeping that type of activities. bioterrorist attack. Children are especially vulnerable to community spirit alive. In addition, the USDA Secretary the chemical and biological agents These efforts are desperately needed. would have the ability to place a cap that could be deployed in a terrorist Buying meat is expensive and food on the percentage of administrative attack. Nerve gas agents, such as Sarin banks are already stretched too thin. funds that could be used to process gas for example, are denser than water In 1997 alone, more than 26 million game meat. As always, the TEFAP pro- and concentrate lower to the ground, Americans sought emergency food as- gram will continue to be primarily fo- in the breathing zone of children. And sistance. And the Department of Agri- cused on commodities. My legislation culture reports that during between the more permeable skin of newborns would simply give States the flexi- and children puts them at risk of 1996 and 1998 approximately 10 million bility to support local game donation U.S. households did not have access to greater exposure to toxins that may be programs as a part of their anti-hunger absorbed. enough food to meet their basic needs. efforts. It is crucial to secure information on Game donation programs can make a This legislation is rooted in basic dosage, possible side effects and the ef- difference in the fight against hunger. common sense and traditional Amer- fectiveness of various agents in our One of the only problems, however, is ican values, values that America’s children. Just a few weeks ago, the the cost of the meat processing. Tim hunters understand. Too often our Senate unanimously passed the reau- Powers convinced his employer, hunters are only mentioned on the thorization of a law I authored with Whitetails Unlimited, that this pro- Senate floor when it comes time to de- Senator DEWINE to address the appall- gram needs their support. Once a year bate a crime bill. Instead, my legisla- ing lack of pediatric information about they sponsor a dinner to fundraise for tion thanks America’s hunters and sup- the drugs we used for our kids. The him, last year he raised enough money ports the good they do in our commu- law, which has been an unparalleled to process about 50 deer. That is a mir- nities. I think it just makes sense, and success, provides a market incentive acle for the soup kitchens in Linn I hope that my colleagues will support for drug companies to test their prod- County and it can happen in other it. ucts for use in kids and to create kid- places as well. There are thousands of friendly drug formulations. hunters who would like to do so much By Mr. DODD (for himself, Mr. Our re-authorization of this law will more, but the funds for processing al- DEWINE, and Ms. COLLINS): ensure that all approved drugs that are ways fall short. S. 1685. A bill to meet the needs of identified as important for children Time and again, hunters have shown children when preparing for and re- will get studied, either by the manufac- that we enjoy the activity and we’re sponding to acts of terrorism; to the turer or by a third party with pediatric happy to go out of our way if that ac- Committee on Health, Education, clinical expertise. These third party tivity also serves to provide meat for Labor, and Pensions. studies will be paid for using private those who are less fortunate. The only Mr. DODD. Mr. President, I am dollars from an NIH Foundation or catch is the cost of processing. I hear it pleased to join with my colleague from using the $20 million authorized in the again and again, local programs spring Ohio, Senator DEWINE, and my col- bill for this purpose. up but can’t raise enough funds to sus- league from Maine, Senator COLLINS, in Today, we are asking the Secretary tain the cost of processing. With game introducing legislation today to to do the same for medicines that can donation programs in a community ev- strengthen our Nation’s ability to pro- be used to protect our kids in a bioter- erybody wins. The meat goes from tect children during times of terrorism rorist attack. Our proposal authorizes hunters in the area to needy families and bioterrorism. funding to ensure that the products within the State, there is nothing more It’s a terrible thing that we have to that are important for children will get basic than a community taking care of be here to talk about how to protect studied by manufacturers and by quali- its own. We need to do whatever we can children from terrorism. But, as all of fied third parties to determine how a to help sustain these local programs. us know only too well, the terrorist in- child’s body breaks down and absorbs That is why I am introducing the cidents of September 11 have changed the medicine, potential risks, and ef- Hunters Help the Hungry Act. This leg- the world for all of us. In order to en- fectiveness. islation would authorize states to use sure that the needs of children are not Without adequate information about administrative funds from the Emer- overlooked as a national terrorism re- how a drug works in kids of different gency Food Assistance Program, sponse package is drafted, we are intro- ages and sizes, children are more likely TEFAP, to pay for the processing costs ducing this legislation today specifi- to be under- or over-dosed or to experi- of donated wild game. TEFAP is a cally geared toward the needs of chil- ence dangerous side effects. By in- USDA food distribution program dren. Our bill would: strengthen emer- structing the Secretary to contract our S11792 CONGRESSIONAL RECORD — SENATE November 14, 2001 needed studies, we can ensure that we S. 1685 provision of emergency mental health and get vital information on the medicines Be it enacted by the Senate and House of Rep- substance abuse treatment and prevention needed most for our kids. resentatives of the United States of America in services to children who are directly affected Congress assembled, by terrorist acts.’’. Since September 11 our children have SEC. 5. CRISIS RESPONSE GRANTS TO ADDRESS been faced with images and emotions SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Kids and CHILDREN’S NEEDS. that are difficult for them to under- Terrorism Preparedness Act’’. Title III of the Public Health Service Act stand and deal with. They have seen SEC. 2. EMERGENCY MEDICAL AND RESCUE is amended by inserting after section 319G airplanes crashing into places where SERVICES FOR CHILDREN. (42 U.S.C. 247d–7) the following: people work, they have seen people (a) IN GENERAL.—Section 1910(a) of the ‘‘SEC. 319H. CRISIS RESPONSE GRANTS TO AD- fleeing from collapsing buildings, they Public Health Service Act (42 U.S.C. 300w– DRESS CHILDREN’S NEEDS. have family members searching and 9(a)) is amended— ‘‘(a) IN GENERAL.—The Secretary may (1) by striking ‘‘may make grants to States award grants to eligible entities described in grieving for missing loved ones, they subsection (b) to enable such entities to in- have heard about people being poisoned or accredited schools of medicine in States to support a program of demonstration crease the coordination and development of and dying from the mail. All of this is projects for the expansion and improvement bioterrorism preparedness efforts relating to beyond belief. These are very com- of emergency medical services for children’’ the needs of children. plicated and stressful times for all of and inserting ‘‘may make grants to, or enter ‘‘(b) ELIGIBILITY.—To be an eligible entity us, but especially for children. into contracts with, States, local govern- under this subsection, an entity shall— ment entities, Indian tribes, accredited ‘‘(1) be a State, political subdivision of a Children sense the anxiety and ten- State, a consortium of 2 or more States or sion in adults around them. And, like schools of medicine, and nonprofit children’s hospitals to improve emergency medical political subdivisions of States, a public or adults, children experience the same services for children who need treatment for private non-profit agency or organization, or feelings of helplessness and lack of con- trauma or critical care’’; other organization that serves children as trol that disaster-related stress can (2) by inserting before the first period the determined appropriate by the Secretary; bring about. Unlike adults, however, following: ‘‘, including injury prevention ac- and children have little experience to help tivities and data collection’’; ‘‘(2) prepare and submit to the Secretary them place their current situation into (3) by striking ‘‘3-year’’ and inserting ‘‘4- an application at such time, in such manner, and containing such information as the Sec- perspective. year’’; and (4) by striking ‘‘4th’’ and inserting ‘‘5th’’. retary may require. Our proposal authorizes the Sec- (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(c) USE OF FUNDS.—An entity shall use retary of Health and Human Services There is authorized to be appropriated amounts received under a grant under this to provide immediate emergency men- $45,000,000 to carry out section 1910 of the section to carry out activities for the coordi- tal health and substance abuse preven- Public Health Service Act (42 U.S.C. 300w–9). nation and development of bioterrorism pre- paredness efforts relating to the physical- tion and treatment services to those SEC. 3. APPROPRIATE MEDICINES FOR CHIL- and health-related needs of children. children residing in communities di- DREN IN THE FACE OF BIOTER- RORISM. ‘‘(d) FUNDING.—The Secretary may use rectly affected by terrorism. This new (a) MEETINGS.—The Secretary of Health amounts appropriated under the 2001 Emer- authority will double the amount of and Human Services, in consultation with gency Supplemental Appropriations Act for emergency funding for mental health Commissioner of the Food and Drug Admin- Recovery from and Response to Terrorist At- services and ensure that children’s istration, the Director of the National Insti- tacks on the United States (Public Law 107– mental health needs are specifically tutes of Health, and the heads of other ap- 38) to carry out this section.’’. addressed. This new initiative will pro- propriate Federal entities, shall convene KIDS AND TERRORISM PREPAREDNESS ACT OF vide approximately $17.5 million in meetings with drug manufacturers, bio- 2001—SUMMARY emergency funds for children’s mental technology manufacturers, and medical de- vice manufacturers to formulate a plan for As America prepares to gird itself against health services. the development of new, and enhancement of terrorist threats, our children’s parents, To deal with other unique needs of existing, countermeasures (including teachers, caretakers, and emergency re- children, we provide the Secretary of diagnostics, drugs, vaccines, biologics, and sponse personnel must be given new tools Health and Human Services with broad medical devices) that may be appropriate to and instruments to protect them. For exam- authority to allocate emergency crisis prevent and treat children who are exposed ple, they must be trained in emergency re- response grants. Such grants could be to biological agents and chemical, radio- sponse and evacuation plans developed by logical, or nuclear toxins. local authorities to protect children during made at the Secretary’s discretion to (b) NOTICE OF PRODUCTS AND REFERRALS.— times of terrorist threats or incidents. Chil- schools, child care centers, Head Start The Secretary of Health and Human Services dren must have appropriate medicines in the centers, or other entities dealing with shall give public notice of the products (in- appropriate dosages to help protect them children to assist in developing evacu- cluding diagnostics, drugs, vaccines, bio- from chemical and biological agents that ation plans, in training personnel to logics, and medical devices) that should be might be deployed in a terrorist attack. understand children’s needs related to studied with respect to children, in response They must also have access to mental health terrorism, and how to communicate ef- to bioterrorist threats. services to address the emotional trauma (c) CONTRACTS, GRANTS, AND COOPERATIVE that can accompany acts of terrorism. fectively with children and parents AGREEMENTS.—The Secretary of Health and EMERGENCY MEDICAL AND RESCUE SERVICES about terrorism. Millions of children Human Services shall award contracts, FOR CHILDREN spend more than half their waking grants, or cooperative agreements to manu- hours with teachers and other care- facturers described in subsection (a), and Increases federal support for EMS training givers. These professionals must be other entities with the appropriate capacity to ensure that first responders (i.e., fire- and expertise, to conduct needed studies re- fighters, police, paramedics, etc.) are trained able to understand what children are and equipped to address the specific medical going through and be prepared to help lating to children. (d) AUTHORIZATION OF APPROPRIATIONS.— needs of children. them get through it. As we’ve seen There is authorized to be appropriated such More than doubles the resources available over the last few weeks, in practice, sums as may be necessary to carry out this through the Department of Health and this is not always as easy to do as it section for fiscal year 2002. Human Services Emergency Medical Serv- ices for Children program from $18.9 million sounds. SEC. 4. CHILDREN’S MENTAL HEALTH. per year to $45 million. The President has asked that all Section 501(m) of the Public Health Service Americans get back to normal. It is Act (42 U.S.C. 290aa(m)) is amended— APPROPRIATE MEDICINES FOR CHILDREN IN THE FACE OF BIOTERRORISM our responsibility to provide our chil- (1) in paragraph (1)— dren affected by these tragic events (A) by striking ‘‘2.5 percent’’ and inserting Authorizes funds to enable the Secretary ‘‘5 percent’’; and of HHS, in consultation with the FDA, NIH, with the best tools and resources to get (B) by striking ‘‘paragraph (2)’’ and insert- and the pharmaceutical, biotech, and device back to normal. ing ‘‘paragraphs (2) and (3)’’; industries, to ensure that every medicine I ask unanimous consent that a sum- (2) by redesignating paragraphs (2) and (3) identified for potential use for kids in re- mary of our legislation and the text of as paragraphs (3) and (4), respectively; and sponding to bioterrorism can be studied to the bill be printed in the RECORD. (3) by inserting after paragraph (1), the fol- determine proper pediatric dosing and effec- lowing: tiveness. This is critical because children are There being no objection, the mate- ‘‘(2) CONDITION.—A condition of paragraph simply not smaller versions of adults—their rial was ordered to be printed in the (1) is that 2.5 percent of the funds subject to bodies react to drugs differently. Without RECORD, as follows: paragraph (1) may only be available for the adequate information about how a drug November 14, 2001 CONGRESSIONAL RECORD — SENATE S11793 works in kids of different ages and sizes, and chemicals more quickly than Senator DODD and Senator DEWINE in they are more likely to be under- or over- adults. introducing the Kids and Terrorism dosed or to experience dangerous side effects. Children lose body heat faster than Preparedness Act to strengthen our CHILDREN’S MENTAL HEALTH adults and so if a child needed a decon- ability to protect our children as our Establishes grants for Emergency Mental tamination shower as a result of a Nation prepares for and responds to Health Services for Children that would en- chemical attack, firefighters and emer- acts of terrorism. sure that children directly affected by ter- gency crews will need to take special Every generation has a defining rorist acts would be able to receive a com- precautions for children, like setting event. Our parents will never forget the prehensive array of community-based men- attack on Pearl Harbor, and the baby tal health services. With these grants, com- up heat lamps to keep them warm so munities could develop integrated systems of they do not go into shock. It also boomers will never forget the day care that coordinate services among mul- means providing those kids with a safe, President Kennedy was shot. This gen- tiple child-serving agencies in incorporating comfortable environment to ease their eration will always remember Sep- parental involvement at every stage of serv- fears. tember 11 and the horrific images of ice delivery. These grants would be adminis- Children often can not swallow pills. the two airliners slamming into the tered by the Center for Mental Health Serv- We need to make sure that we have twin towers of the World Trade Center. ices (CMHS), housed within the Substance antibiotics or other medicines that are These terrorist attacks have evolved Abuse and Mental Health Services Adminis- in forms, like liquids, that children can into an ongoing crisis that has created tration (SAMHSA). The Emergency Mental take. some particularly difficult challenges Health Services for Children grants would be for our Nation’s children. Thousands of funded at about $17.5 million per year—up to And obviously, children are phys- 2.5 percent of total SAMHSA appropriations. ically smaller than adults, they are children lost a family member or loved one on September 11. Tens of thousands CRISIS RESPONSE GRANTS ADDRESSING lower to the ground, which can put CHILDREN’S NEEDS them in the direct path of some agents, more are close to another child who The Secretary may provide grants to eligi- like chlorine or sarin gas, both of suffered an immediate loss. Millions of ble entities to increase the coordination and which are heavier than air and settle other children across the country the development of bioterrorism prepared- lower to the ground where children watched the repeated broadcasts of the ness efforts relating to the needs of children. would be breathing. fiery crashes, workers falling to their Such grants would be provided at the discre- I have talked to firefighters and pedi- deaths, the terrible building collapses tion of the Secretary using information the atricians in Ohio, who have told me and the panic that followed. These im- Secretary identifies as being critical to that they simply are under-prepared ages have enacted an emotional and meeting the physical and health-related right now to treat children’s needs. psychological toll on all Americans, needs of children. The Secretary may use The reality is that today fewer than but children are particularly vulner- funds from emergency appropriations made available earlier this year. half of our Nation’s hospitals with able. Moreover, the current anthrax emergency departments have the nec- scare has only added to the anxiety of Mr. DEWINE. Mr. President, I rise essary equipment to treat sick and in- children who now fear that their own today to join my friends and col- jured kids. We need to change that, and houses may not be a sanctuary against leagues, Senator DODD and Senator soon. a bioterrorist attack delivered through COLLINS, to introduce the ‘‘Kids and The bill we are introducing today the mail. Terrorism Preparedness Act.’’ I want will help change things. First, our bill As our Nation takes steps to plan and to thank Senators DODD and COLLINS, would increase the funding of the prepare for future attacks, it is critical for their commitment and dedication Emergency Medical Services for Chil- that we consider the unique needs of to protecting America’s children. They dren block grant from $17 million to $45 children who are more susceptible to are two of this Nation’s strongest advo- million. By doing so, we are helping biological and chemical attacks. Since cates on behalf of kids, and I have en- the first responders, those at the local they are smaller than adults, they may joyed working together with them on a level, get the training they need to get sick from smaller amounts of variety of children’s health and safety meet the special needs of children. harmful substances. They have a high- issues. Furthermore, our bill gives the Sec- er respiratory rate than adults, which Most recently, just a few short weeks retary of the Department of Health and means that they would get relatively ago, Senator DODD and I were able to Human Services, HHS, the flexibility larger doses of an inhaled substance in pass our Best Pharmaceuticals for to provide $17.5 million in grants to eli- the same period of time. Moreover, Children Act, which is going to help gible entities to address children’s some dense chemical agents, like chlo- make sure that children get the right mental health needs and provide sub- rine and sarin, accumulate close to the kinds of medicines when they are sick stance abuse prevention and treatment ground, right in the breathing zone of and in the proper dosages. options for children in the event of a children. As the father of eight and grand- terrorist emergency. The problem is compounded because father of six, I can tell you from first- The bill also allows the Secretary of our current tools to combat terrorism hand experience that we can not treat HHS to provide grants to eligible enti- are now always sensitive to children’s children the same way we treat adults. ties to enable such entities to increase needs. For example, Cipro, which is This is true for prescribing medicines the coordination and the development being widely prescribed for people who to protect children when they are sick. of bio-terrorism preparedness efforts have been exposed to anthrax, is gen- And, it is also true in implementing relating to the needs of special popu- erally not recommended for use by measures to protect our nation against lations, including children. Such children because of concerns that it terrorism, especially chemical and bio- grants are provided at the discretion of can impair bone and joint growth. It is logical terrorism. the secretary using information the clear that immediate steps must be This is why it is so important that as secretary identifies as being critical to taken to develop drugs and vaccines we begin to re-assess how we respond meeting the physical and health-re- appropriate for children that can be to terrorist attacks, we think long and lated needs of children. used to respond to a bioterrorist threat hard about the differences between In conclusion, children represent a or attack. adults and children. The bill we are in- huge portion, 30 percent, almost one- Children also need different sized troducing today goes a long way to- third, of our Nation’s population. We medical equipment from adults. I am ward ensuring that the needs of kids have an obligation to protect them. therefore extremely troubled that, at are taken into consideration. It goes a And, our bill today, is a step toward present, many ambulances and emer- long way toward making sure that doing just that. I urge my colleagues to gency departments do not have child- those who respond to terrorist attacks join us in support of this legislative ef- sized equipment and supplies, such as are prepared to treat and deal with fort. It is a good bill and one that can oxygen masks, IV-tubes and neck children and their unique needs. make very real, very positive dif- braces. We must therefore do more to We have to realize that children sim- ferences in the lives of America’s chil- support our Emergency Medical Serv- ply are not small adults. For example, dren. ices workers and ensure that they are children breathe faster than adults, Ms. COLLINS. Mr. President, I am trained and equipped to meet the spe- which means they will inhale poisons pleased to join with my colleagues, cific medical needs of children. S11794 CONGRESSIONAL RECORD — SENATE November 14, 2001 The legislation we are introducing Mr. KENNEDY. Mr. President, it is a prove patient outcomes, and encourage today will help us to meet these special privilege to join my colleagues, Sen- more Americans to become and remain needs of children as our nation pre- ator KERRY, Senator REID, Senator nurses. The power of providers to force pares to defend itself against terrorist WELLSTONE, and Senator CLINTON, in nurses to work beyond what is safe for threats. For example, it more than introducing the Safe Nursing and Pa- themselves and their patients is one of doubles the resources available tient Care Act. the major disincentives to pursuing or through the Department of Health and Current Federal safety standards continuing a career in nursing. The Human Services Emergency Medical limit work hours for pilots, flight at- Safe Nursing and Patient Care Act is a Services for Children program to en- tendants, truck drivers, railroad engi- significant step that Congress can take sure that first responders, our fire- neers and other professionals, in order to support the Nation’s nurses and I fighters, our police, and our para- to protect the public safety. However, urge my colleagues to support it. medics, are trained and equipped to no similar limitation currently exists handle the special medical needs of for the Nation’s nurses, who care for By Mr. WELLSTONE (for him- children. many of our most vulnerable Ameri- self, Mr. DAYTON, and Mr. HAR- It also authorizes grants to enable cans. KIN): the Secretary of Health and Human The Safe Nursing and Patient Care S. 1704. A bill to amend the Clayton Services, in consultation with the Food Act will limit mandatory overtime for Act to make the antitrust laws appli- and Drug Administration, the National nurses in order to protect patient safe- cable to the elimination or relocation Institutes of Health, and the pharma- ty and improve working conditions for of major league baseball franchises; to ceutical, biotech, and device indus- nurses. Across the country, the wide- the Committee on the Judiciary. tries, to formulate a plan for the devel- spread practice of mandatory overtime Mr. WELLSTONE. Mr. President, opment of new, and enhancement of ex- means that over-worked nurses are today, along with Senators DAYTON and isting, drugs, vaccines, diagnostics, and often required to provide care in cir- HARKIN, I am introducing the ‘‘Fair- medical devices that may be appro- cumstances that are unacceptable. Re- ness in Antitrust in National Sports, priate to prevent and treat children stricting mandatory overtime will en- FANS, Act of 2001.’’ The goal of this who are exposed to a bioterrorist at- sure that nurses are ready and able to important legislation is to limit major tack. This is critical because children provide the highest quality of care to league baseball’s antitrust exemption are not simply smaller versions of their patients. as it relates to decisions to eliminate adults, their bodies react to drugs dif- As Linda McMahon, an emergency or relocate a major league baseball ferently. room nurse at Brockton Hospital in To help meet the mental health team. Massachusetts said, ‘‘After no supper This is an important piece of legisla- needs of children in crisis, the legisla- break, no time to go to the bathroom, tion authorizes grants to be adminis- tion, made necessary by major league you’re on your feet for a solid 81⁄2 tered by the Center for Mental Health baseball owners’ unfortunate decision hours, and then they look at you and last week to eliminate two teams, with Services within the Substance Abuse say you’re going to work for another and Mental Health Services Adminis- the prospect of at least two more elimi- shift.’’ nations to come. I am pleased to say tration for emergency mental health Some hospitals are taking action to that Representative JOHN CONYERS, prevention and treatment services for deal with this serious problem. Brock- along with a number of other Members, children who are directly affected by ton Hospital in Brockton, MA, and St. including the entire Minnesota delega- terrorist acts. To deal with other Vincent Hospital in Worcester, MA tion, will be introducing an identical unique needs of children, our bill pro- both recently agreed to limit manda- measure in the House today as well. vides the Secretary of Health and tory overtime as part of negotiations I have said on other occasions that I Human Services with broad authority following successful strikes by nurses. think this so-called ‘‘contraction’’ de- to allocate emergency crisis response These limits will protect patients and cision by major league baseball is a be- grants. Such grants could be made at improve working conditions for nurses, trayal by owners who have put their the Secretary’s discretion to State and and they will also have a significant local governments or public or private own profits before loyalty to fans and role in the recruitment and retention non-profit organizations serving chil- their communities. of nurses in the future. dren to increase the coordination and Job dissatisfaction and overtime I know that there are a number of ef- the development of bioterrorism pre- hours are major factors in the current forts to respond to this decision by the paredness efforts relating to the needs shortage of nurses. Nationally, the owners. The bill we are introducing of children. shortfall is expected to rise to 20 per- today is but one of those. I expect the These are difficult and dangerous cent in the coming years. The goal of bill to be referred to the Judiciary times, but all is not bleak. We can take the Safe Nursing and Patient Care Act Committees in the House and Senate great comfort from the extraordinary will play an important role in improv- and our hope is that the Committees in resources with which America is both Houses will be able to organize blessed. Besides our spiritual muscle, ing the quality of life for nurses, so that more persons will enter the nurs- prompt hearings. we have a proof of economic, scientific, Our country has tremendously urgent and material strength which we have ing profession and remain in it. The bill limits mandatory overtime priorities. We have the war in Afghani- only just begun to tap. The legislation stan, the war against terrorism, and we are introducing today will help to to declared states of emergency. Clear- ly, there are times when other options our urgent need for economic stimulus strengthen our response to the ter- legislation to keep our nation from rorist threat by ensuring that the spe- are exhausted and hospitals need addi- tional help, and the bill takes account plummeting even further into reces- cial needs of children are not over- sion. Unfortunately, however, major looked, and I urge all of my colleagues of such needs. The bill requires health league baseball owners did not give us to join us as cosponsors. providers to inform nurses of these new rights, and nurses who report viola- a choice on timing. They have picked a By Mr. KENNEDY (for himself, tions are guaranteed protection from particularly inauspicious time to an- Mr. KERRY, Mr. REID, Mr. workplace discrimination. In addition, nounce their unilateral, short-sighted WELLSTONE, and Mrs. CLINTON): the bill requires the Agency for Health and self-serving decision, so we must S. 1686. A bill to amend title XVIII of Care Research and Quality to report to respond. Because they have further an- the Social Security Act to provide for Congress on appropriate standards for nounced their intention to name in the patient protection by limiting the the maximum numbers of hours a near future the particular teams they number of mandatory overtime hours a nurse may work in a wide variety of plan to eliminate, we have no choice nurse may be required to work in cer- health settings without compromising but to urge quick consideration of this tain providers of services to which pay- patient care. legislation. ments are made under the Medicare Improving working conditions for As I noted, the bill would limit base- Program; to the Committee on Fi- nurses is an essential part of our ongo- ball’s antitrust exemption as it relates nance. ing effort to reduce medical errors, im- to decisions to eliminate or relocate a November 14, 2001 CONGRESSIONAL RECORD — SENATE S11795 major league baseball team. The legis- him to the bill H.R. 3090, supra; which was (2) COST-OF-LIVING ADJUSTMENT.—Section lation subjects the owners to the anti- ordered to lie on the table. 144(a)(4) is amended by adding at the end the trust laws when they unilaterally de- SA 2135. Mr. SMITH of New Hampshire (for following: cide to eliminate or relocate a team. himself, Mr. INHOFE, and Mr. THOMAS) sub- ‘‘(G) COST-OF-LIVING ADJUSTMENT.—In the mitted an amendment intended to be pro- case of a taxable year beginning in a cal- In all other respects, the bill tracks posed by him to the bill H.R. 3090, supra; endar year after 2002, the $20,000,000 amount the Curt Flood Act of 1997, which re- which was ordered to lie on the table. under subparagraph (A) shall be increased by pealed the antitrust laws as they apply SA 2136. Mr. SPECTER submitted an an amount equal to— to the employment of major league amendment intended to be proposed by him ‘‘(i) such dollar amount, multiplied by baseball players. As with the Curt to the bill H.R. 3090, supra; which was or- ‘‘(ii) the cost-of-living adjustment under Flood Act, the bill is carefully crafted dered to lie on the table. section 1(f)(3) for the calendar year in which to ensure that it does not limit any SA 2137. Mr. SPECTER (for himself and the taxable year begins, determined by sub- Mr. SANTORUM) submitted an amendment in- stituting ‘calendar year 2001’ for ‘calendar prerogatives of the minor leagues. year 1992’ in subparagraph (B) thereof.’’. We proceed from a pragmatic desire tended to be proposed by him to the bill H.R. 3090, supra; which was ordered to lie on the (3) CLERICAL AMENDMENT.—The heading of to achieve a broad base of support in table. paragraph (4) of section 144(a) is amended by Congress. With the help of the Admin- SA 2138. Mr. GRAHAM (for himself, Mrs. striking ‘‘$10,000,000’’ and inserting istration, we could push this measure LINCOLN, and Mr. BINGAMAN) submitted an ‘‘$20,000,000’’. forward. amendment intended to be proposed by him (4) EFFECTIVE DATE.—The amendments As Senator DAYTON and I noted last to the bill H.R. 3090, supra; which was or- made by this subsection shall apply to— week in a letter to the President, dered to lie on the table. (A) obligations issued after the date of the SA 2139. Mr. GRAHAM (for himself and Mr. enactment of this Act, and achieving Congressional action on this (B) capital expenditures made after such legislation will be exceedingly difficult TORRICELLI) submitted an amendment in- tended to be proposed by him to the bill H.R. date with respect to obligations issued on or in view of other urgent legislative 3090, supra; which was ordered to lie on the before such date. issues facing Congress and the Admin- table. (b) DEFINITION OF MANUFACTURING FACIL- istration. We will need the President to SA 2140. Mr. KERRY (for himself, Mr. ITY.— N GENERAL weigh in on this and I once again call LIEBERMAN, and Mr. KENNEDY) submitted an (1) I .—Section 144(a)(12)(C) (re- on him to do so. amendment intended to be proposed by him lating to definition of manufacturing facil- ity) is amended to read as follows: Mr. President, we must act to hold to the bill H.R. 3090, supra; which was or- ‘‘(C) MANUFACTURING FACILITY.—For pur- major league baseball owners account- dered to lie on the table. SA 2141. Ms. COLLINS (for herself and Mr. poses of this paragraph, the term ‘manufac- able for their decisions. I urge my col- turing facility’ means any facility which is WARNER) submitted an amendment intended leagues to join us in co-sponsoring this to be proposed by her to the bill H.R. 3090, used in— measure. supra; which was ordered to lie on the table. ‘‘(i) the manufacturing or production of tangible personal property (including the f SA 2142. Mr. SMITH of New Hampshire (for processing resulting in a change in the con- himself and Mr. JEFFORDS) submitted an AMENDMENTS SUBMITTED AND dition of such property), amendment intended to be proposed by him ‘‘(ii) the manufacturing, development, or PROPOSED to the bill H.R. 3090, supra; which was or- production of specifically developed software dered to lie on the table. SA 2122. Mr. THOMAS submitted an products or processes if— SA 2143. Mr. SMITH of New Hampshire sub- amendment intended to be proposed by him ‘‘(I) it takes more than 6 months to de- mitted an amendment intended to be pro- to the bill H.R. 3090, to provide tax incen- velop or produce such products, posed by him to the bill H.R. 3090, supra; tives for economic recovery; which was or- ‘‘(II) the development or production could which was ordered to lie on the table. dered to lie on the table. not with due diligence be reasonably ex- SA 2144. Mr. DURBIN submitted an amend- SA 2123. Mr. THOMAS submitted an pected to occur in less than 6 months, and amendment intended to be proposed by him ment intended to be proposed by him to the ‘‘(III) the software product or process com- to the bill H.R. 3090, supra; which was or- bill H.R. 3090, supra; which was ordered to lie prises programs, routines, and attendant dered to lie on the table. on the table. documentation developed and maintained for SA 2124. Mr. CRAIG submitted an amend- SA 2145. Mr. DURBIN submitted an amend- use in computer and telecommunications ment intended to be proposed by him to the ment intended to be proposed by him to the technology, or bill H.R. 3090, supra; which was ordered to lie bill H.R. 3090, supra; which was ordered to lie ‘‘(iii) the manufacturing, development, or on the table. on the table. production of specially developed biobased or SA 2125. Mr. BAUCUS proposed an amend- SA 2146. Mr. LEAHY submitted an amend- bioenergy products or processes if— ment to the bill H.R. 3090, supra. ment intended to be proposed by him to the ‘‘(I) it takes more than 6 months to de- SA 2126. Mr. KYL submitted an amend- bill H.R. 3090, supra; which was ordered to lie velop or produce, ment intended to be proposed by him to the on the table. ‘‘(II) the development or production could bill H.R. 3090, supra; which was ordered to lie SA 2147. Mr. LEAHY submitted an amend- not with due diligence be reasonably ex- on the table. ment intended to be proposed by him to the pected to occur in less than 6 months, and SA 2127. Mr. KYL submitted an amend- bill H.R. 3090, supra; which was ordered to lie ment intended to be proposed by him to the ‘‘(III) the biobased or bioenergy product or on the table. process comprises products, processes, pro- bill H.R. 3090, supra; which was ordered to lie SA 2148. Mr. JEFFORDS (for himself and on the table. grams, routines, and attendant documenta- Mr. SMITH of New Hampshire) submitted an tion developed and maintained for the utili- SA 2128. Mrs. LINCOLN submitted an amendment intended to be proposed by him amendment intended to be proposed by her zation of biological materials in commercial to the bill H.R. 3090, supra; which was or- or industrial products, for the utilization of to the bill H.R. 3090, supra; which was or- dered to lie on the table. dered to lie on the table. renewable domestic agricultural or forestry SA 2129. Mrs. LINCOLN submitted an f materials in commercial or industrial prod- amendment intended to be proposed by her TEXT OF AMENDMENTS ucts, or for the utilization of biomass mate- to the bill H.R. 3090, supra; which was or- rials. dered to lie on the table. SA 2122. Mr. THOMAS submitted an ‘‘(D) RELATED FACILITIES.—For purposes of SA 2130. Mrs. LINCOLN submitted an amendment intended to be proposed by subparagraph (C), the term ‘manufacturing amendment intended to be proposed by her him to the bill H.R. 3090, to provide tax facility’ includes a facility which is directly to the bill H.R. 3090, supra; which was or- incentives for economic recovery; and functionally related to a manufacturing dered to lie on the table. which was ordered to lie on the table; facility (determined without regard to sub- paragraph (C)) if— SA 2131. Mrs. LINCOLN submitted an as follows: amendment intended to be proposed by her ‘‘(i) such facility, including an office facil- to the bill H.R. 3090, supra; which was or- At the appropriate place, insert the fol- ity and a research and development facility, dered to lie on the table. lowing: is located on the same site as the manufac- SA 2132. Mr. SMITH of Oregon submitted SEC. ll. MODIFICATIONS TO SMALL ISSUE turing facility, and an amendment intended to be proposed by BOND PROVISIONS. ‘‘(ii) not more than 40 percent of the net him to the bill H.R. 3090, supra; which was (a) INCREASE IN AMOUNT OF QUALIFIED proceeds of the issue are used to provide such ordered to lie on the table. SMALL ISSUE BONDS PERMITTED FOR FACILI- facility, SA 2133. Mr. SMITH of Oregon submitted TIES TO BE USED BY RELATED PRINCIPAL but shall not include a facility used solely an amendment intended to be proposed by USERS.— for research and development activities.’’. him to the bill H.R. 3090, supra; which was (1) IN GENERAL.—Clause (i) of section (2) EFFECTIVE DATE.—The amendment ordered to lie on the table. 144(a)(4)(A) (relating to $10,000,000 limit in made by this subsection shall apply to obli- SA 2134. Mr. SMITH of Oregon submitted certain cases) is amended by striking gations issued after the date of the enact- an amendment intended to be proposed by ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’. ment of this Act. S11796 CONGRESSIONAL RECORD — SENATE November 14, 2001 SA 2123. Mr. THOMAS submitted an Sec. 122. Enhancement and extension of au- Sec. 309. Prohibition of commercial sales of amendment intended to be proposed by thority relating to Federal en- uranium by the United States him to the bill H.R. 3090, to provide tax ergy savings performance con- until 2009. incentives for economic recovery; tracts. TITLE IV—HYDROELECTRIC ENERGY Sec. 123. Clarification and enhancement of Sec. 401. Alternative conditions and which was ordered to lie on the table; authority to enter utility in- fishways. as follows: centive programs for energy Sec. 402. FERC data on hydroelectric licens- At the appropriate place in title IX, insert savings. the following: Sec. 124. Federal central air conditioner and ing. SEC. 9ll. FEDERAL-AID HIGHWAY PROGRAMS. heat pump efficiency. TITLE V—FUELS (a) INCREASE IN OBLIGATION AUTHORITY.— Sec. 125. Advanced building efficiency Sec. 501. Tank draining during transition to (1) IN GENERAL.—In addition to any obliga- testbed. summertime RFG. tion authority provided by any other law en- Sec. 126. Use of interval data in Federal Sec. 502. Gasoline blendstock requirements. acted before, on, or after the date of enact- buildings. Sec. 503. Boutique fuels. ment of this Act, $5,000,000,000 in obligation Sec. 127. Review of Energy Savings Perform- Sec. 504. Funding for MTBE contamination. ance Contract program. authority shall be made available for fiscal TITLE VI—RENEWABLE ENERGY year 2002 for obligation of funds apportioned Sec. 128. Capitol complex. Sec. 601. Assessment of renewable energy re- under section 104(b) of title 23, United States Subtitle C—State Programs sources. Code. Sec. 131. Amendments to State energy pro- Sec. 602. Renewable energy production incen- (2) DISTRIBUTION OF OBLIGATION AUTHOR- grams. tive. ITY.—The obligation authority made avail- Sec. 132. Reauthorization of energy conserva- Sec. 603. Study of ethanol from solid waste able by paragraph (1) shall be distributed— tion program for schools and loan guarantee program. (A) to each State in accordance with the hospitals. Sec. 604. Study of renewable fuel content. percentage specified for the State in section Sec. 133. Amendments to Weatherization As- 105(b) of title 23, United States Code; and sistance Program. TITLE VII—PIPELINES (B) subject to the redistribution of unused Sec. 134. LIHEAP. Sec. 701. Prohibition on certain pipeline obligation authority using the method pre- Sec. 135. High performance public buildings. route. scribed in section 1102(d) of the Transpor- Subtitle D—Energy Efficiency for Consumer Sec. 702. Historic pipelines. tation Equity Act for the 21st Century (23 Products TITLE VIII—MISCELLANEOUS U.S.C. 104 note; 112 Stat. 117). Sec. 141. Energy Star program. PROVISIONS (b) TEMPORARY INCREASE OF FEDERAL Sec. 141A. Energy sun renewable and alter- Sec. 801. Waste reduction and use of alter- SHARE.— native energy program. natives. (1) DEFINITION OF QUALIFYING PROJECT.—In Sec. 142. Labeling of energy efficient appli- Sec. 802. Annual report on United States en- this section, the term ‘‘qualifying project’’ ances. ergy independence. means a construction project under title 23, Sec. 143. Appliance standards. Sec. 803. Study of aircraft emissions. United States Code, with respect to which a Subtitle E—Energy Efficient Vehicles project agreement is executed during the pe- DIVISION B Sec. 151. High occupancy vehicle exception. riod beginning October 1, 2001, and ending Sec. 2001. Short title. Sec. 152. Railroad efficiency. Sec. 2002. Findings. September 30, 2002. Sec. 153. Biodiesel fuel use credits. (2) INCREASED FEDERAL SHARE.—Notwith- Sec. 154. Mobile to stationary source trading. Sec. 2003. Purposes. standing any other provision of law, the Fed- Sec. 2004. Goals. Subtitle F—Other Provisions eral share of the cost of a qualifying project Sec. 2005. Definitions. shall be a percentage of the cost of the quali- Sec. 161. Review of regulations to eliminate Sec. 2006. Authorizations. fying project specified by the State, up to 100 barriers to emerging energy Sec. 2007. Balance of funding priorities. percent. technology. TITLE I—ENERGY CONSERVATION AND Sec. 162. Advanced idle elimination systems. (3) REPAYMENT.— ENERGY EFFICIENCY Sec. 163. Study of benefits and feasibility of (A) IN GENERAL.—A State that receives an Subtitle A—Alternative Fuel Vehicles increased Federal share under paragraph (2) oil bypass filtration tech- with respect to 1 or more qualifying projects nology. Sec. 2101. Short title. Sec. 164. Gas flare study. shall repay to the United States the total Sec. 2102. Definitions. Sec. 165. Telecommuting study. amount of the increased Federal share with Sec. 2103. Pilot program. respect to all such qualifying projects of the TITLE II—AUTOMOBILE FUEL ECONOMY Sec. 2104. Reports to Congress. Sec. 2105. Authorization of appropriations. State not later than September 30, 2003. Sec. 201. Average fuel economy standards for (B) TREATMENT.—Each repayment by a nonpassenger automobiles. Subtitle B—Distributed Power Hybrid State under subparagraph (A) shall be depos- Sec. 202. Consideration of prescribing dif- Energy Systems ited in the Highway Trust Fund and credited ferent average fuel economy Sec. 2121. Findings. to the appropriate apportionment accounts standards for nonpassenger Sec. 2122. Definitions. of the State. automobiles. Sec. 2123. Strategy. Sec. 203. Dual fueled automobiles. Sec. 2124. High power density industry pro- SA 2124. Mr. CRAIG submitted an Sec. 204. Fuel economy of the Federal fleet of gram. amendment intended to be proposed by automobiles. Sec. 2125. Micro-cogeneration energy tech- him to the bill H.R. 3090, to provide tax Sec. 205. Hybrid vehicles and alternative ve- nology. hicles. Sec. 2126. Program plan. incentives for economic recovery; Sec. 206. Federal fleet petroleum-based non- Sec. 2127. Report. which was ordered to lie on the table; alternative fuels. Sec. 2128. Voluntary consensus standards. as follows: Sec. 207. Study of feasibility and effects of At the appropriate place, insert the fol- reducing use of fuel for auto- Subtitle C—Secondary Electric Vehicle lowing and redesignate accordingly: mobiles. Battery Use SECTION 1. SHORT TITLE AND TABLE OF CON- TITLE III—NUCLEAR ENERGY Sec. 2131. Definitions. TENTS. Sec. 301. License period. Sec. 2132. Establishment of secondary elec- (a) SHORT TITLE.—This Act may be cited as Sec. 302. Cost recovery from Government tric vehicle battery use pro- the ‘‘Securing America’s Future Energy Act agencies. gram. of 2001’’ or the ‘‘SAFE Act of 2001’’. Sec. 303. Depleted uranium hexafluoride. Sec. 2133. Authorization of appropriations. (b) TABLE OF CONTENTS.—The table of con- Sec. 304. Nuclear Regulatory Commission Subtitle D—Green School Buses tents for this Act is as follows: meetings. Sec. 2141. Short title. Sec. 1. Short title and table of contents. Sec. 305. Cooperative research and develop- Sec. 2142. Establishment of pilot program. Sec. 2. Energy policy. ment and special demonstra- Sec. 2143. Fuel cell bus development and DIVISION A tion projects for the uranium demonstration program. Sec. 100. Short title. mining industry. Sec. 2144. Authorization of appropriations. TITLE I—ENERGY CONSERVATION Sec. 306. Maintenance of a viable domestic uranium conversion industry. Subtitle E—Next Generation Lighting Subtitle A—Reauthorization of Federal Sec. 307. Paducah decontamination and de- Initiative Energy Conservation Programs commissioning plan. Sec. 2151. Short title. Sec. 101. Authorization of appropriations. Sec. 308. Study to determine feasibility of Sec. 2152. Definition. Subtitle B—Federal Leadership in Energy developing commercial nuclear Sec. 2153. Next Generation Lighting Initia- Conservation energy production facilities at tive. Sec. 121. Federal facilities and national en- existing Department of Energy Sec. 2154. Study. ergy security. sites. Sec. 2155. Grant program. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11797 Subtitle F—Department of Energy Sec. 2442. Definitions. Sec. 5001. Findings. Authorization of Appropriations Sec. 2443. Ultra-deepwater program. Sec. 5002. Definitions. Sec. 2161. Authorization of appropriations. Sec. 2444. National Energy Technology Lab- Sec. 5003. Clean coal power initiative. Subtitle G—Environmental Protection Agen- oratory. Sec. 5004. Cost and performance goals. Sec. 2445. Advisory Committee. Sec. 5005. Authorization of appropriations. cy Office of Air and Radiation Sec. 5006. Project criteria. Authorization of Appropria- Sec. 2446. Research Organization. Sec. 2447. Grants. Sec. 5007. Study. tions Sec. 5008. Clean coal centers of excellence. Sec. 2171. Short title. Sec. 2448. Plan and funding. DIVISION F Sec. 2172. Authorization of appropriations. Sec. 2449. Audit. Sec. 2173. Limits on use of funds. Sec. 2450. Fund. Sec. 6000. Short title. Sec. 2174. Cost sharing. Sec. 2451. Sunset. TITLE I—GENERAL PROTECTIONS FOR Sec. 2175. Limitation on demonstration and Subtitle D—Fuel Cells ENERGY SUPPLY AND SECURITY commercial applications of en- Sec. 2461. Fuel cells. Sec. 6101. Study of existing rights-of-way on ergy technology. Federal lands to determine ca- SUBTITLE E—DEPARTMENT OF ENERGY Sec. 2176. Reprogramming. pability to support new pipe- AUTHORIZATION OF APPROPRIATIONS Sec. 2177. Budget request format. lines or other transmission fa- Sec. 2178. Other provisions. Sec. 2481. Authorization of appropriations. cilities. Subtitle H—National Building Performance TITLE V—SCIENCE Sec. 6102. Inventory of energy production po- Initiative Subtitle A—Fusion Energy Sciences tential of all Federal public lands. Sec. 2181. National Building Performance Sec. 2501. Short title. Initiative. Sec. 6103. Review of regulations to eliminate Sec. 2502. Findings. barriers to emerging energy TITLE II—RENEWABLE ENERGY Sec. 2503. Plan for fusion experiment. technology. Subtitle A—Hydrogen Sec. 2504. Plan for fusion energy sciences Sec. 6104. Interagency agreement on environ- program. Sec. 2201. Short title. mental review of interstate Sec. 2505. Authorization of appropriations. Sec. 2202. Purposes. natural gas pipeline projects. Sec. 2203. Definitions. Subtitle B—Spallation Neutron Source Sec. 6105. Enhancing energy efficiency in Sec. 2204. Reports to Congress. Sec. 2521. Definition. management of Federal lands. Sec. 2205. Hydrogen research and develop- Sec. 2522. Authorization of appropriations. Sec. 6106. Efficient infrastructure develop- ment. Sec. 2523. Report. ment. Sec. 2206. Demonstrations. Sec. 2524. Limitations. TITLE II—OIL AND GAS DEVELOPMENT Sec. 2207. Technology transfer. Subtitle C—Facilities, Infrastructure, and Subtitle A—Offshore Oil and Gas Sec. 2208. Coordination and consultation. User Facilities Sec. 2209. Advisory Committee. Sec. 6201. Short title. Sec. 6202. Lease sales in Western and Central Sec. 2210. Authorization of appropriations. Sec. 2541. Definition. Sec. 2211. Repeal. Sec. 2542. Facility and infrastructure support Planning Area of the Gulf of Mexico. Subtitle B—Bioenergy for nonmilitary energy labora- tories. Sec. 6203. Savings clause. Sec. 2221. Short title. Sec. 2543. User facilities. Sec. 6204. Analysis of Gulf of Mexico field Sec. 2222. Findings. size distribution, international Sec. 2223. Definitions. Subtitle D—Advisory Panel on Office of competitiveness, and incentives Sec. 2224. Authorization. Science for development. Sec. 2225. Authorization of appropriations. Sec. 2561. Establishment. Subtitle B—Improvements to Federal Oil Subtitle C—Transmission Infrastructure Sec. 2562. Report. and Gas Management Systems Subtitle E—Department of Energy Sec. 6221. Short title. Sec. 2241. Transmission infrastructure sys- Authorization of Appropriations Sec. 6222. Study of impediments to efficient tems research, development, Sec. 2581. Authorization of appropriations. lease operations. demonstration, and commercial TITLE VI—MISCELLANEOUS Sec. 6223. Elimination of unwarranted deni- application. als and stays. Subtitle A—General Provisions for the Sec. 2242. Program plan. Sec. 6224. Limitations on cost recovery for Sec. 2243. Report. Department of Energy applications. Subtitle D—Department of Energy Sec. 2601. Research, development, demonstra- Sec. 6225. Consultation with Secretary of Ag- Authorization of Appropriations tion, and commercial applica- riculture. tion of energy technology pro- Sec. 2261. Authorization of appropriations. Subtitle C—Miscellaneous grams, projects, and activities. Sec. 6231. Offshore subsalt development. TITLE III—NUCLEAR ENERGY Sec. 2602. Limits on use of funds. Sec. 6232. Program on oil and gas royalties in Subtitle A—University Nuclear Science and Sec. 2603. Cost sharing. kind. Engineering Sec. 2604. Limitation on demonstration and Sec. 6233. Marginal well production incen- Sec. 2301. Short title. commercial application of en- tives. Sec. 2302. Findings. ergy technology. Sec. 6234. Reimbursement for costs of NEPA Sec. 2303. Department of Energy program. Sec. 2605. Reprogramming. analyses, documentation, and Sec. 2304. Authorization of appropriations. Subtitle B—Other Miscellaneous Provisions studies. Subtitle B—Advanced Fuel Recycling Tech- Sec. 2611. Notice of reorganization. Sec. 6235. Encouragement of State and pro- nology Research and Development Pro- Sec. 2612. Limits on general plant projects. vincial prohibitions on off- gram Sec. 2613. Limits on construction projects. shore drilling in the Great Lakes. Sec. 2321. Program. Sec. 2614. Authority for conceptual and con- TITLE III—GEOTHERMAL ENERGY Subtitle C—Department of Energy struction design. DEVELOPMENT Authorization of Appropriations Sec. 2615. National Energy Policy Develop- ment Group mandated reports. Sec. 6301. Royalty reduction and relief. Sec. 2341. Nuclear Energy Research Initia- Sec. 2616. Periodic reviews and assessments. Sec. 6302. Exemption from royalties for di- tive. DIVISION D rect use of low temperature Sec. 2342. Nuclear Energy Plant Optimiza- geothermal energy resources. Sec. 4101. Capacity building for energy-effi- tion program. Sec. 6303. Amendments relating to leasing on cient, affordable housing. Sec. 2343. Nuclear energy technologies. Forest Service lands. Sec. 2344. Authorization of appropriations. Sec. 4102. Increase of CDBG public services Sec. 6304. Deadline for determination on TITLE IV—FOSSIL ENERGY cap for energy conservation and pending noncompetitive lease efficiency activities. Subtitle A—Coal applications. Sec. 4103. FHA mortgage insurance incen- Sec. 6305. Opening of public lands under mili- Sec. 2401. Coal and related technologies pro- tives for energy efficient hous- grams. tary jurisdiction. ing. Sec. 6306. Application of amendments. SUBTITLE B—OIL AND GAS Sec. 4104. Public housing capital fund. Sec. 6307. Review and report to Congress. Sec. 2421. Petroleum-oil technology. Sec. 4105. Grants for energy-conserving im- Sec. 6308. Reimbursement for costs of NEPA Sec. 2422. Natural gas. provements for assisted hous- analyses, documentation, and Sec. 2423. Natural gas and oil deposits report. ing. studies. Sec. 2424. Oil shale research. Sec. 4106. North American Development TITLE IV—HYDROPOWER Bank. Subtitle C—Ultra-Deepwater and Sec. 6401. Study and report on increasing Unconventional Drilling DIVISION E electric power production capa- Sec. 2441. Short title. Sec. 5000. Short title. bility of existing facilities. S11798 CONGRESSIONAL RECORD — SENATE November 14, 2001 Sec. 6402. Installation of powerformer at Fol- (promote export of energy efficient prod- (1) By striking ‘‘and’’ at the end of para- som power plant, California. ucts), sections 321 through 346 (42 U.S.C. 6291– graph (8). Sec. 6403. Study and implementation of in- 6317) (appliances program). (2) By striking the period at the end of creased operational efficiencies ‘‘(2) Energy Conservation and Production paragraph (9) and inserting ‘‘; and’’. in hydroelectric power projects. Act, including sections 301 through 308 (42 (3) By adding at the end the following new Sec. 6404. Shift of project loads to off-peak U.S.C. 6831–6837) (energy conservation stand- paragraph: periods. ards for new buildings). ‘‘(10) the term ‘‘unconventional and renew- ‘‘(3) National Energy Conservation Policy TITLE V—ARCTIC COASTAL PLAIN able energy resources’’ includes renewable Act, including sections 541–551 (42 U.S.C. DOMESTIC ENERGY energy sources, hydrogen, fuel cells, cogen- 8251–8259) (Federal Energy Management Pro- eration, combined heat and power, heat re- Sec. 6501. Short title. gram). covery (including by use of a Stirling heat Sec. 6502. Definitions. (4) Energy Policy Act of 1992, including engine), and distributed generation.’’. Sec. 6503. Leasing program for lands within sections 103 (42 U.S.C. 13458) (energy efficient (d) EXCLUSIONS FROM REQUIREMENT.—The the Coastal Plain. lighting and building centers), 121 (42 U.S.C. National Energy Conservation Policy Act (42 Sec. 6504. Lease sales. 6292 note) (energy efficiency labeling for win- U.S.C. 7201 and following) is amended as fol- Sec. 6505. Grant of leases by the Secretary. dows and window systems), 125 (42 U.S.C. 6292 lows: Sec. 6506. Lease terms and conditions. note) (energy efficiency information for com- (1) In section 543(a)— Sec. 6507. Coastal Plain environmental pro- mercial office equipment), 126 (42 U.S.C. 6292 (A) by striking ‘‘(1) Subject to paragraph tection. note) (energy efficiency information for (2)’’ and inserting ‘‘Subject to subsection Sec. 6508. Expedited judicial review. luminaires), 131 (42 U.S.C. 6348) (energy effi- (c)’’; and Sec. 6509. Rights-of-way across the Coastal ciency in industrial facilities), and 132 (42 (B) by striking ‘‘(2) An agency’’ and all Plain. U.S.C. 6349) (process-oriented industrial en- that follows through ‘‘such exclusion.’’. Sec. 6510. Conveyance. ergy efficiency).’’. (2) By amending subsection (c) of such sec- Sec. 6511. Local government impact aid and Subtitle B—Federal Leadership in Energy tion 543 to read as follows: community service assistance. Conservation ‘‘(c) EXCLUSIONS.—(1) A Federal building Sec. 6512. Revenue allocation. SEC. 121. FEDERAL FACILITIES AND NATIONAL may be excluded from the requirements of TITLE VI—CONSERVATION OF ENERGY ENERGY SECURITY. subsections (a) and (b) only if— BY THE DEPARTMENT OF THE INTERIOR (a) PURPOSE.—Section 542 of the National ‘‘(A) the President declares the building to Sec. 6601. Energy conservation by the De- Energy Conservation Policy Act (42 U.S.C. require exclusion for national security rea- partment of the Interior. 8252) is amended by inserting ‘‘, and gen- sons; and Sec. 6602. Amendment to Buy Indian Act. erally to promote the production, supply, ‘‘(B) the agency responsible for the build- and marketing of energy efficiency products ing has— TITLE VII—COAL and services and the production, supply, and ‘‘(i) completed and submitted all federally Sec. 6701. Limitation on fees with respect to marketing of unconventional and renewable required energy management reports; and coal lease applications and doc- energy resources’’ after ‘‘by the Federal Gov- ‘‘(ii) achieved compliance with the energy ument. ernment’’. efficiency requirements of this Act, the En- Sec. 6702. Mining plans. (b) ENERGY MANAGEMENT REQUIREMENTS.— ergy Policy Act of 1992, Executive Orders, Sec. 6703. Payment of advance royalties Section 543 of the National Energy Conserva- and other Federal law; under coal leases. tion Policy Act (42 U.S.C. 8253) is amended as ‘‘(iii) implemented all practical, life cycle Sec. 6704. Elimination of deadline for submis- follows: cost-effective projects in the excluded build- sion of coal lease operation and (1) In subsection (a)(1), by striking ‘‘during ing. reclamation plan. the fiscal year 1995’’ and all that follows ‘‘(2) The President shall only declare build- through the end and inserting ‘‘during— TITLE VIII—INSULAR AREAS ENERGY ings described in paragraph (1)(A) to be ex- ‘‘(1) fiscal year 1995 is at least 10 percent; SECURITY cluded, not ancillary or nearby facilities ‘‘(2) fiscal year 2000 is at least 20 percent; that are not in themselves national security Sec. 6801. Insular areas energy security. ‘‘(3) fiscal year 2005 is at least 30 percent; facilities.’’. DIVISION G ‘‘(4) fiscal year 2010 is at least 35 percent; ‘‘(5) fiscal year 2015 is at least 40 percent; (3) In section 548(b)(1)(A)— Sec. 7101. Buy American. and (A) by striking ‘‘copy of the’’; and SEC. 2. ENERGY POLICY. ‘‘(6) fiscal year 2020 is at least 45 percent, (B) by striking ‘‘sections 543(a)(2) and 543(c)(3)’’ and inserting ‘‘section 543(c)’’. It shall be the sense of the Congress that less than the energy consumption per gross (e) ACQUISITION REQUIREMENT.—Section the United States should take all actions square foot of its Federal buildings in use 543(b) of such Act is amended— necessary in the areas of conservation, effi- during fiscal year 1985. To achieve the reduc- (1) in paragraph (1), by striking ‘‘(1) Not’’ ciency, alternative energy sources, tech- tions required by this paragraph, an agency and inserting ‘‘(1) Except as provided in nology development, and domestic produc- shall make maximum practicable use of en- paragraph (5), not’’; and tion to reduce the United States dependence ergy efficiency products and services and un- (2) by adding at the end the following new on foreign energy sources from 56 percent to conventional and renewable energy re- paragraph: 45 percent by January 1, 2012, and to reduce sources, using guidelines issued by the Sec- ‘‘(5)(A)(i) Agencies shall select only Energy United States dependence on Iraqi energy retary under subsection (d) of this section.’’. Star products when available when acquiring sources from 700,000 barrels per day to 250,000 (2) In subsection (d), by inserting ‘‘Such energy-using products. For product groups barrels per day by January 1, 2012. guidelines shall include appropriate model where Energy Star labels are not yet avail- DIVISION A technical standards for energy efficiency and unconventional and renewable energy re- able, agencies shall select products that are SEC. 100. SHORT TITLE. sources products and services. Such stand- in the upper 25 percent of energy efficiency This division may be cited as the ‘‘Energy ards shall reflect, to the extent practicable, as designated by FEMP. In the case of elec- Advancement and Conservation Act of 2001’’. evaluation of both currently marketed and tric motors of 1 to 500 horsepower, agencies TITLE I—ENERGY CONSERVATION potentially marketable products and serv- shall select only premium efficiency motors ices that could be used by agencies to im- that meet a standard designated by the Sec- Subtitle A—Reauthorization of Federal retary, and shall replace (not rewind) failed Energy Conservation Programs prove energy efficiency and increase uncon- ventional and renewable energy resources.’’ motors with motors meeting such standard. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. after ‘‘implementation of this part.’’. The Secretary shall designate such standard Section 660 of the Department of Energy (3) By adding at the end the following new within 90 days of the enactment of para- Organization Act (42 U.S.C. 7270) is amended subsection: graph, after considering recommendations by as follows: ‘‘(e) STUDIES.—To assist in developing the the National Electrical Manufacturers Asso- (1) By inserting ‘‘(a)’’ before ‘‘Appropria- guidelines issued by the Secretary under sub- ciation. The Secretary of Energy shall de- tions’’. section (d) and in furtherance of the purposes velop guidelines within 180 days after the en- (2) By inserting at the end the following of this section, the Secretary shall conduct actment of this paragraph for exemptions to new subsection: studies to identify and encourage the produc- this section when equivalent products do not ‘‘(b) There are hereby authorized to be ap- tion and marketing of energy efficiency exist, are impractical, or do not meet the propriated to the Department of Energy for products and services and unconventional agency mission requirements. fiscal year 2002, $950,000,000; for fiscal year and renewable energy resources. To conduct ‘‘(ii) The Administrator of the General 2003, $1,000,000,000; for fiscal year 2004, such studies, and to provide grants to accel- Services Administration and the Secretary $1,050,000,000; for fiscal year 2005, erate the use of unconventional and renew- of Defense (acting through the Defense Lo- $1,100,000,000; and for fiscal year 2006, able energy, there are authorized to be ap- gistics Agency), with assistance from the Ad- $1,150,000,000, to carry out energy efficiency propriated to the Secretary $20,000,000 for ministrator of the Environmental Protection activities under the following laws, such each of the fiscal years 2003 through 2010.’’. Agency and the Secretary of Energy, shall sums to remain available until expended: (c) DEFINITION.—Section 551 of the National create clear catalogue listings that des- ‘‘(1) Energy Policy and Conservation Act, Energy Conservation Policy Act (42 U.S.C. ignate Energy Star products in both print including section 256(d)(42 U.S.C. 6276(d)) 8259) is amended as follows: and electronic formats. After any existing November 14, 2001 CONGRESSIONAL RECORD — SENATE S11799

federal inventories are exhausted, Adminis- for energy efficiency or unconventional and (2) ENERGY SAVINGS CONTRACT.—Section trator of the General Services Administra- renewable energy resources projects.’’. 804(3) of the National Energy Conservation tion and the Secretary of Defense (acting (h) REPORTS.—Section 548 of such Act (42 Policy Act (42 U.S.C. 8287c(3)) is amended to through the Defense Logistics Agency) shall U.S.C. 8258) is amended as follows: read as follows: only replace inventories with energy-using (1) In subsection (a)— ‘‘(3) The terms ‘‘energy savings contract’’ products that are Energy Star, products that (A) by inserting ‘‘in accordance with guide- and ‘‘energy savings performance contract’’ are rated in the top 25 percent of energy effi- lines established by and’’ after ‘‘to the Sec- mean a contract which provides for the per- ciency, or products that are exempted as des- retary,’’; formance of services for the design, acquisi- ignated by FEMP and defined in clause (i). (B) by striking ‘‘and’’ at the end of para- tion, installation, testing, operation, and, ‘‘(iii) Agencies shall incorporate energy-ef- graph (1); where appropriate, maintenance and repair, ficient criteria consistent with Energy Star (C) by striking the period at the end of of an identified energy or water conservation and other FEMP designated energy effi- paragraph (2) and inserting a semicolon; and measure or series of measures at one or more ciency levels into all guide specifications (D) by adding at the end the following new locations.’’. and project specifications developed for new paragraph: (3) ENERGY OR WATER CONSERVATION MEAS- construction and renovation, as well as into ‘‘(3) an energy emergency response plan de- URE.—Section 804(4) of the National Energy product specification language developed for veloped by the agency.’’. Conservation Policy Act (42 U.S.C. 8287c(4)) Basic Ordering Agreements, Blanket Pur- (2) In subsection (b)— is amended to read as follows: chasing Agreements, Government Wide Ac- (A) by striking ‘‘and’’ at the end of para- ‘‘(4) The term ‘‘energy or water conserva- quisition Contracts, and all other purchasing graph (3); tion measure’’ means— procedures. (B) by striking the period at the end of ‘‘(A) an energy conservation measure, as ‘‘(iv) The legislative branch shall be sub- paragraph (4) and inserting ‘‘; and’’; and defined in section 551(4) (42 U.S.C. 8259(4)); or ject to this subparagraph to the same extent (C) by adding at the end the following new ‘‘(B) a water conservation measure that and in the same manner as are the Federal paragraph: improves water efficiency, is life cycle cost agencies referred to in section 521(1). ‘‘(5) all information transmitted to the effective, and involves water conservation, ‘‘(B) Not later than 6 months after the date Secretary under subsection (a).’’. water recycling or reuse, improvements in of the enactment of this paragraph, the Sec- (3) By amending subsection (c) to read as operation or maintenance efficiencies, ret- retary of Energy shall establish guidelines follows: rofit activities, or other related activities, defining the circumstances under which an ‘‘(c) AGENCY REPORTS TO CONGRESS.—Each not at a Federal hydroelectric facility.’’. agency shall not be required to comply with agency shall annually report to the Con- (4) CONFORMING AMENDMENT.—Section subparagraph (A). Such circumstances may gress, as part of the agency’s annual budget 801(a)(2)(C) of the National Energy Conserva- include the absence of Energy Star products, request, on all of the agency’s activities im- tion Policy Act (42 U.S.C. 8287(a)(2)(C)) is systems, or designs that serve the purpose of plementing any Federal energy management amended by inserting ‘‘or water’’ after ‘‘fi- the agency, issues relating to the compat- requirement.’’. nancing energy’’. ibility of a product, system, or design with (i) INSPECTOR GENERAL ENERGY AUDITS.— (b) EXTENSION OF AUTHORITY.—Section existing buildings or equipment, and exces- Section 160(c) of the Energy Policy Act of 801(c) of the National Energy Conservation sive cost compared to other available and ap- 1992 (42 U.S.C. 8262f(c)) is amended by strik- Policy Act (42 U.S.C. 8287(c)) is repealed. propriate products, systems, or designs. ing ‘‘is encouraged to conduct periodic’’ and (c) CONTRACTING AND AUDITING.—Section ‘‘(C) Subparagraph (A) shall apply to agen- inserting ‘‘shall conduct periodic’’. 801(a)(2) of the National Energy Conservation cy acquisitions occurring on or after October (j) FEDERAL ENERGY MANAGEMENT RE- Policy Act (42 U.S.C. 8287(a)(2)) is amended 1, 2002.’’. VIEWS.—Section 543 of the National Energy by adding at the end the following new sub- (f) METERING.—Section 543 of such Act (42 Conservation Policy Act (42 U.S.C. 8253) is paragraph: U.S.C. 8254) is amended by adding at the end amended by adding at the end the following: ‘‘(E) A Federal agency shall engage in con- the following new subsection: ‘‘(g) PRIORITY RESPONSE REVIEWS.—Each tracting and auditing to implement energy ‘‘(f) METERING.—(1) By October 1, 2004, all agency shall— savings performance contracts as necessary Federal buildings including buildings owned ‘‘(1) not later than 9 months after the date and appropriate to ensure compliance with by the legislative branch and the Federal of the enactment of this subsection, under- the requirements of this Act, particularly court system and other energy-using struc- take a comprehensive review of all prac- the energy efficiency requirements of section tures shall be metered or submetered in ac- ticable measures for— 543.’’. cordance with guidelines established by the ‘‘(A) increasing energy and water conserva- SEC. 123. CLARIFICATION AND ENHANCEMENT Secretary under paragraph (2). tion, and OF AUTHORITY TO ENTER UTILITY ‘‘(2) Not later than 6 months after the date ‘‘(B) using renewable energy sources; and INCENTIVE PROGRAMS FOR ENERGY of the enactment of this subsection, the Sec- ‘‘(2) not later than 180 days after com- SAVINGS. retary, in consultation with the General pleting the review, develop plans to achieve Section 546(c) of the National Energy Con- Services Administration and representatives not less than 50 percent of the potential effi- servation Policy Act (42 U.S.C. 8256(c)) is from the metering industry, energy services ciency and renewable savings identified in amended as follows: industry, national laboratories, colleges of the review. The agency shall implement such (1) In paragraph (3) by adding at the end higher education, and federal facilities en- measures as soon thereafter as is prac- the following: ‘‘Such a utility incentive pro- ergy managers, shall establish guidelines for ticable, consistent with compliance with the gram may include a contract or contract agencies to carry out paragraph (1). Such requirements of this section.’’. term designed to provide for cost-effective guidelines shall take into consideration each SEC. 122. ENHANCEMENT AND EXTENSION OF AU- electricity demand management, energy effi- of the following: THORITY RELATING TO FEDERAL ciency, or water conservation.’’. ‘‘(A) Cost. ENERGY SAVINGS PERFORMANCE (2) By adding at the end of the following ‘‘(B) Resources, including personnel, re- CONTRACTS. new paragraph: quired to maintain, interpret, and report on (a) EXPANSION OF DEFINITION OF ENERGY ‘‘(6) Federal agencies are encouraged to data so that the meters are continually re- SAVINGS TO INCLUDE WATER.— participate in State or regional demand side viewed. (1) ENERGY SAVINGS.—Section 804(2) of the reduction programs, including those oper- ‘‘(C) Energy management potential. National Energy Conservation Policy Act (42 ated by wholesale market institutions such ‘‘(D) Energy savings. U.S.C. 8287c(2)) is amended to read as follows: as independent system operators, regional ‘‘(E) Utility contract aggregation. ‘‘(2) The term ‘‘energy savings’’ means a transmission organizations and other enti- ‘‘(F) Savings from operations and mainte- reduction in the cost of energy or water, ties. The availability of such programs, and nance. from a base cost established through a meth- the savings resulting from such participa- ‘‘(3) A building shall be exempt from the odology set forth in the contract, used in an tion, should be included in the evaluation of requirement of this section to the extent existing federally owned building or build- energy options for Federal facilities.’’. that compliance is deemed impractical by ings or other federally owned facilities as a SEC. 124. FEDERAL CENTRAL AIR CONDITIONER the Secretary. A finding of impracticability result of— AND HEAT PUMP EFFICIENCY. shall be based on the same factors as identi- ‘‘(i) the lease or purchase of operating (a) REQUIREMENT.—Federal agencies shall fied in subsection (c) of this section.’’. equipment, improvements, altered operation be required to acquire central air condi- (g) RETENTION OF ENERGY SAVINGS.—Sec- and maintenance, or technical services; tioners and heat pumps that meet or exceed tion 546 of such Act (42 U.S.C. 8256) is amend- ‘‘(ii) the increased efficient use of existing the standards established under subsection ed by adding at the end the following new energy sources by solar and ground source (b) or (c) in the case of all central air condi- subsection: geothermal resources, cogeneration or heat tioners and heat pumps acquired after the ‘‘(e) RETENTION OF ENERGY SAVINGS.—An recovery (including by the use of a Stirling date of the enactment of this Act. agency may retain any funds appropriated to heat engine), excluding any cogeneration (b) STANDARDS.—The standards referred to that agency for energy expenditures, at process for other than a federally owned in subsection (a) are the following: buildings subject to the requirements of sec- building or buildings or other federally (1) For air-cooled air conditioners with tion 543(a) and (b), that are not made because owned facilities; or cooling capacities of less than 65,000 Btu/ of energy savings. Except as otherwise pro- ‘‘(iii) the increased efficient use of existing hour, a Seasonal Energy Efficiency Ratio of vided by law, such funds may be used only water sources.’’. 12.0. S11800 CONGRESSIONAL RECORD — SENATE November 14, 2001

(2) For air-source heat pumps with cooling new subsection: ‘‘(h) USE OF INTERVAL DATA shall contain a goal, consisting of an im- capacities less than 65,000 Btu/hour, a Sea- IN FEDERAL BUILDINGS.—Not later than Janu- provement of 25 percent or more in the effi- sonal Energy Efficiency Ratio of 12 SEER, ary 1, 2003, each agency shall utilize, to the ciency of use of energy in the State con- and a Heating Seasonal Performance Factor maximum extent practicable, for the pur- cerned in the calendar year 2010 as compared of 7.4. poses of efficient use of energy and reduction to the calendar year 1990, and may contain (c) MODIFIED STANDARDS.—The Secretary in the cost of electricity consumed in its interim goals.’’ after ‘‘contain interim of Energy may establish, after appropriate Federal buildings, interval consumption data goals.’’. notice and comment, revised standards pro- that measure on a real time or daily basis (c) AUTHORIZATION OF APPROPRIATIONS.— viding for reduced energy consumption or in- consumption of electricity in its Federal Section 365(f) of the Energy Policy and Con- creased energy efficiency of central air con- buildings. To meet the requirements of this servation Act (42 U.S.C. 6325(f)) is amended ditioners and heat pumps acquired by the subsection each agency shall prepare and by striking ‘‘for fiscal years 1999 through 2003 Federal Government, but may not establish submit at the earliest opportunity pursuant such sums as may be necessary’’ and insert- standards less rigorous than those estab- to section 548(a) to the Secretary, a plan de- ing ‘‘$75,000,000 for fiscal year 2002, lished by subsection (b). scribing how the agency intends to meet $100,000,000 for fiscal years 2003 and 2004, (d) DEFINITIONS.—For purposes of this sec- such requirements, including how it will des- $125,000,000 for fiscal year 2005’’. tion, the terms ‘‘Energy Efficiency Ratio’’, ignate personnel primarily responsible for SEC. 132. REAUTHORIZATION OF ENERGY CON- ‘‘Seasonal Energy Efficiency Ratio’’, ‘‘Heat- achieving such requirements, and otherwise SERVATION PROGRAM FOR ing Seasonal Performance Factor’’, and ‘‘Co- implement this subsection.’’. SCHOOLS AND HOSPITALS. Section 397 of the Energy Policy and Con- efficient of Performance’’ have the meanings SEC. 127. REVIEW OF ENERGY SAVINGS PER- servation Act (42 U.S.C. 6371f) is amended by used for those terms in Appendix M to Sub- FORMANCE CONTRACT PROGRAM. striking ‘‘2003’’ and inserting ‘‘2010’’. part B of Part 430 of title 10 of the Code of Within 180 days after the date of the enact- Federal Regulations, as in effect on May 24, ment of this Act, the Secretary of Energy SEC. 133. AMENDMENTS TO WEATHERIZATION AS- SISTANCE PROGRAM. 2001. shall complete a review of the Energy Sav- Section 422 of the Energy Conservation and (e) EXEMPTIONS.—An agency shall be ex- ings Performance Contract program to iden- Production Act (42 U.S.C. 6872) is amended empt from the requirements of this section tify statutory, regulatory, and administra- by striking ‘‘for fiscal years 1999 through 2003 with respect to air conditioner or heat pump tive obstacles that prevent Federal agencies such sums as may be necessary’’ and insert- purchases for particular uses where the agen- from fully utilizing the program. In addition, ing ‘‘$273,000,000 for fiscal year 2002, cy head determines that purchase of a air this review shall identify all areas for in- $325,000,000 for fiscal year 2003, $400,000,000 for conditioner or heat pump for such use would creasing program flexibility and effective- fiscal year 2004, and $500,000,000 for fiscal be impractical. A finding of impracticability ness, including audit and measurement year 2005’’. shall be based on whether— verification requirements, accounting for en- SEC. 134. LIHEAP. (1) the energy savings pay-back period for ergy use in determining savings, contracting (a) AUTHORIZATION OF APPROPRIATIONS.— such purchase would be less than 10 years; requirements, and energy efficiency services Section 2602(b) of the Low-Income Home En- (2) space constraints or other technical fac- covered. The Secretary shall report these ergy Assistance Act of 1981 (42 U.S.C. 8621(b)) tors would make compliance with this sec- findings to the Committee on Energy and is amended by striking the first sentence and tion cost-prohibitive; or Commerce of the House of Representatives inserting the following: ‘‘There are author- (3) in the case of the Departments of De- and the Committee on Energy and Natural ized to be appropriated to carry out the pro- fense and Energy, compliance with this sec- Resources of the Senate, and shall imple- visions of this title (other than section tion would be inconsistent with the proper ment identified administrative and regu- 2607A), $3,400,000,000 for each of fiscal years discharge of national security functions. latory changes to increase program flexi- 2001 through 2005.’’. SEC. 125. ADVANCED BUILDING EFFICIENCY bility and effectiveness to the extent that (b) GAO STUDY.—The Comptroller General TESTBED. such changes are consistent with statutory of the United States shall conduct a study to (a) ESTABLISHMENT.—The Secretary of En- authority. determine— ergy shall establish an Advanced Building SEC. 128. CAPITOL COMPLEX. (1) the extent to which Low-Income Home Efficiency Testbed program for the develop- (a) ENERGY INFRASTRUCTURE.—The Archi- Energy Assistance (LIHEAP) and other gov- ment, testing, and demonstration of ad- tect of the Capitol, building on the Master ernment energy subsidies paid to consumers vanced engineering systems, components, Plan Study completed in July 2000, shall discourage or encourage energy conservation and materials to enable innovations in build- commission a study to evaluate the energy and energy efficiency investments when ing technologies. The program shall evaluate infrastructure of the Capital Complex to de- compared to structures of the same physical government and industry building efficiency termine how the infrastructure could be aug- description and occupancy in compatible ge- concepts, and demonstrate the ability of mented to become more energy efficient, ographic locations; next generation buildings to support indi- using unconventional and renewable energy (2) the extent to which education could in- vidual and organizational productivity and resources, in a way that would enable the crease the conservation of low-income house- health as well as flexibility and techno- Complex to have reliable utility service in holds who opt to receive supplemental in- logical change to improve environmental the event of power fluctuations, shortages, come instead of Low-Income Home Energy sustainability. or outages. Assistance funds; (b) PARTICIPANTS.—The program estab- (b) AUTHORIZATION.—There is authorized to (3) the benefit in energy efficiency and en- lished under subsection (a) shall be led by a be appropriated to the Architect of the Cap- ergy savings that can be achieved through university having demonstrated experience itol to carry out this section, not more than the annual maintenance of heating and cool- with the application of intelligent work- $2,000,000 for fiscal years after the enactment ing appliances in the homes of those receiv- places and advanced building systems in im- of this Act. ing Low-Income Home Energy Assistance proving the quality of built environments. Subtitle C—State Programs funds; and Such university shall also have the ability to (4) the loss of energy conservation that re- SEC. 131. AMENDMENTS TO STATE ENERGY PRO- sults from structural inadequacies in a combine the expertise from more than 12 GRAMS. academic fields, including electrical and structure that is unhealthy, not energy effi- (a) STATE ENERGY CONSERVATION PLANS.— cient, and environmentally unsound and that computer engineering, computer science, ar- Section 362 of the Energy Policy and Con- chitecture, urban design, and environmental receives Low-Income Home Energy Assist- servation Act (42 U.S.C. 6322) is amended by ance funds for weatherization. and mechanical engineering. Such university inserting at the end the following new sub- SEC. 135. HIGH PERFORMANCE PUBLIC BUILD- shall partner with other universities and en- section: tities who have established programs and the INGS. ‘‘(g) The Secretary shall, at least once (a) PROGRAM ESTABLISHMENT AND ADMINIS- capability of advancing innovative building every 3 years, invite the Governor of each TRATION.— efficiency technologies. State to review and, if necessary, revise the (1) ESTABLISHMENT.—There is established (c) AUTHORIZATION OF APPROPRIATIONS.— energy conservation plan of such State sub- in the Department of Energy the High Per- There are authorized to be appropriated to mitted under subsection (b) or (e). Such re- formance Public Buildings Program (in this the Secretary of Energy to carry out this views should consider the energy conserva- section referred to as the ‘‘Program’’). section $18,000,000 for fiscal year 2002, to re- tion plans of other States within the region, (2) IN GENERAL.—The Secretary of Energy main available until expended, of which and identify opportunities and actions car- may, through the Program, make grants— $6,000,000 shall be provided to the lead uni- ried out in pursuit of common energy con- (A) to assist units of local government in versity described in subsection (b), and the servation goals.’’. the production, through construction or ren- remainder shall be provided equally to each (b) STATE ENERGY EFFICIENCY GOALS.—Sec- ovation of buildings and facilities they own of the other participants referred to in sub- tion 364 of the Energy Policy and Conserva- and operate, of high performance public section (b). tion Act (42 U.S.C. 6324) is amended by in- buildings and facilities that are healthful, SEC. 126. USE OF INTERVAL DATA IN FEDERAL serting ‘‘Each State energy conservation productive, energy efficient, and environ- BUILDINGS. plan with respect to which assistance is mentally sound; Section 543 of the National Energy Con- made available under this part on or after (B) to State energy offices to administer servation Policy Act (42 U.S.C. 8253) is the date of the enactment of Energy Ad- the program of assistance to units of local amended by adding at the end the following vancement and Conservation Act of 2001, government pursuant to this section; and November 14, 2001 CONGRESSIONAL RECORD — SENATE S11801 (C) to State energy offices to promote par- from amounts appropriated under subsection the enactment of this section, the Secretary ticipation by units of local government in (c) to assist State energy offices in coordi- and the Administrator, consistent with the the Program. nating and implementing the Program. Such terms of agreements between the two agen- (3) GRANTS TO ASSIST UNITS OF LOCAL GOV- funds may be used to develop reference ma- cies (including existing agreements with re- ERNMENT.—Grants under paragraph (2)(A) for terials to further define the principles and spect to which agency shall handle a par- new public buildings shall be used to achieve criteria to achieve high performance public ticular product or building), shall determine energy efficiency performance that reduces buildings. whether the Energy Star label should be ex- energy use at least 30 percent below that of (c) AUTHORIZATION OF APPROPRIATIONS.— tended to additional products and buildings, a public building constructed in compliance There are authorized to be appropriated to including the following: with standards prescribed in Chapter 8 of the the Secretary of Energy to carry out this ‘‘(1) Air cleaners. 2000 International Energy Conservation section such sums as may be necessary for ‘‘(2) Ceiling fans. Code, or a similar State code intended to each of the fiscal years 2002 through 2010. ‘‘(3) Light commercial heating and cooling achieve substantially equivalent results. (d) REPORT TO CONGRESS.—The Secretary of products. Grants under paragraph (2)(A) for existing Energy shall conduct a biennial review of ‘‘(4) Reach-in refrigerators and freezers. public buildings shall be used to achieve en- State actions implementing this section, and ‘‘(5) Telephony. ergy efficiency performance that reduces en- the Secretary shall report to Congress on the ‘‘(6) Vending machines. ergy use below the public building baseline results of such reviews. In conducting such ‘‘(7) Residential water heaters. consumption, assuming a 3–year, weather- reviews, the Secretary shall assess the effec- ‘‘(8) Refrigerated beverage merchandisers. normalized average for calculating such tiveness of the calculation procedures used ‘‘(9) Commercial ice makers. baseline. Grants under paragraph (2)(A) shall by the States in establishing eligibility of ‘‘(10) School buildings. be made to units of local government that units of local government for funding under ‘‘(11) Retail buildings. have— this section, and may assess other aspects of ‘‘(12) Health care facilities. (A) demonstrated a need for such grants in the State program to determine whether ‘‘(13) Homes. order to respond appropriately to increasing they have been effectively implemented. ‘‘(14) Hotels and other commercial lodging (e) DEFINITIONS.—For purposes of this sec- population or to make major investments in facilities. tion: renovation of public buildings; and ‘‘(15) Restaurants and other food service fa- (1) HIGH PERFORMANCE PUBLIC BUILDING.— cilities. (B) made a commitment to use the grant The term ‘‘high performance public build- ‘‘(16) Solar water heaters. funds to develop high performance public ing’’ means a public building which, in its ‘‘(17) Building-integrated photovoltaic sys- buildings in accordance with a plan devel- design, construction, operation, and mainte- tems. oped and approved pursuant to paragraph nance, maximizes use of unconventional and ‘‘(18) Reflective pigment coatings. (5)(A). renewable energy resources and energy effi- (4) OTHER GRANTS.— ‘‘(19) Windows. ciency practices, is cost-effective on a life (A) GRANTS FOR ADMINISTRATION.—Grants ‘‘(20) Boilers. cycle basis, uses affordable, environmentally under paragraph (2)(B) shall be used to evalu- ‘‘(21) Devices to extend the life of motor preferable, durable materials, enhances in- ate compliance by units of local government vehicle oil. door environmental quality, protects and with the requirements of this section, and in ‘‘(c) COOL ROOFING.—In determining wheth- conserves water, and optimizes site poten- addition may be used for— er the Energy Star label should be extended tial. (i) distributing information and materials to roofing products, the Secretary and the (2) RENEWABLE ENERGY.—The term ‘‘renew- to clearly define and promote the develop- Administrator shall work with the roofing able energy’’ means energy produced by ment of high performance public buildings products industry to determine the appro- solar, wind, geothermal, hydroelectric, or for both new and existing facilities; priate solar reflective index of roofing prod- biomass power. (ii) organizing and conducting programs ucts.’’. (3) UNCONVENTIONAL AND RENEWABLE EN- for local government personnel, architects, (b) TABLE OF CONTENTS AMENDMENT.—The ERGY RESOURCES.—The term ‘‘unconven- engineers, and others to advance the con- tional and renewable energy resources’’ table of contents of the Energy Policy and cepts of high performance public buildings; means renewable energy, hydrogen, fuel Conservation Act is amended by inserting (iii) obtaining technical services and as- cells, cogeneration, combined heat and after the item relating to section 324 the fol- sistance in planning and designing high per- power, heat recovery (including by use of a lowing new item: formance public buildings; and Stirling heat engine), and distributed gen- ‘‘Sec. 324A. Energy Star program.’’. (iv) collecting and monitoring data and in- eration. SEC. 141A. ENERGY SUN RENEWABLE AND ALTER- formation pertaining to the high perform- NATIVE ENERGY PROGRAM. ance public building projects. Subtitle D—Energy Efficiency for Consumer (a) AMENDMENT.—The Energy Policy and (B) GRANTS TO PROMOTE PARTICIPATION.— Products Conservation Act (42 U.S.C. 6201 and fol- Grants under paragraph (2)(C) may be used SEC. 141. ENERGY STAR PROGRAM. lowing) is amended by inserting the fol- for promotional and marketing activities, (a) AMENDMENT.—The Energy Policy and lowing after section 324A: including facilitating private and public fi- Conservation Act (42 U.S.C. 6201 and fol- nancing, promoting the use of energy service lowing) is amended by inserting the fol- ‘‘SEC. 324B. ENERGY SUN RENEWABLE AND AL- companies, working with public building lowing after section 324: TERNATIVE ENERGY PROGRAM. users, and communities, and coordinating ‘‘SEC. 324A. ENERGY STAR PROGRAM. ‘‘(a) PROGRAM.—There is established at the public benefit programs. ‘‘(a) IN GENERAL.—There is established at Environmental Protection Agency and the (5) IMPLEMENTATION.— the Department of Energy and the Environ- Department of Energy a government-indus- (A) PLANS.—A grant under paragraph (2)(A) mental Protection Agency a program to try partnership program to identify and pro- shall be provided only to a unit of local gov- identify and promote energy-efficient prod- mote the purchase of renewable and alter- ernment that, in consultation with its State ucts and buildings in order to reduce energy native energy products, to recognize compa- office of energy, has developed a plan that consumption, improve energy security, and nies that purchase renewable and alternative the State energy office determines to be fea- reduce pollution through labeling of prod- energy products for the environmental and sible and appropriate in order to achieve the ucts and buildings that meet the highest en- energy security benefits of such purchases, purposes for which such grants are made. ergy efficiency standards. Responsibilities and to educate consumers about the environ- (B) SUPPLEMENTING GRANT FUNDS.—State under the program shall be divided between mental and energy security benefits of re- energy offices shall encourage qualifying the Department of Energy and the Environ- newable and alternative energy. Responsibil- units of local government to supplement mental Protection Agency consistent with ities under the program shall be divided be- their grant funds with funds from other the terms of agreements between the two tween the Environmental Protection Agency sources in the implementation of their plans. agencies. The Administrator and the Sec- and the Department of Energy consistent (b) ALLOCATION OF FUNDS.— retary shall— with the terms of agreements between the (1) IN GENERAL.—Except as provided in ‘‘(1) promote Energy Star compliant tech- two agencies. The Administrator of the Envi- paragraph (3), funds appropriated to carry nologies as the preferred technologies in the ronmental Protection Agency and the Sec- out this section shall be provided to State marketplace for achieving energy efficiency retary of Energy— energy offices. and to reduce pollution; ‘‘(1) establish an Energy Sun label for re- (2) PURPOSES.—Except as provided in para- ‘‘(2) work to enhance public awareness of newable and alternative energy products and graph (3), funds appropriated to carry out the Energy Star label; and technologies that the Administrator or the this section shall be allocated as follows: ‘‘(3) preserve the integrity of the Energy Secretary (consistent with the terms of (A) Seventy percent shall be used to make Star label. agreements between the two agencies regard- grants under subsection (a)(2)(A). For the purposes of carrying out this sec- ing responsibility for specific product cat- (B) Fifteen percent shall be used to make tion, there is authorized to be appropriated egories) determine to have substantial envi- grants under subsection (a)(2)(B). for fiscal years 2002 through 2006 such sums ronmental and energy security benefits and (C) Fifteen percent shall be used to make as may be necessary, to remain available commercial marketability. grants under subsection (a)(2)(C). until expended. ‘‘(2) establish an Energy Sun Company pro- (3) OTHER FUNDS.—The Secretary of Energy ‘‘(b) STUDY OF CERTAIN PRODUCTS AND gram to recognize private companies that may retain not to exceed $300,000 per year BUILDINGS.—Within 180 days after the date of draw a substantial portion of their energy S11802 CONGRESSIONAL RECORD — SENATE November 14, 2001 from renewable and alternative sources that ‘‘Sec. 324B. Energy Sun renewable and alter- savings as compared to energy savings provide substantial environmental and en- native energy program.’’. achieved or expected to be achieved by ergy security benefits, as determined by the SEC. 142. LABELING OF ENERGY EFFICIENT AP- standards established by the Secretary under Administrator or the Secretary. PLIANCES. subsections (o) and (p) of this section for ‘‘(3) promote Energy Sun compliant prod- (a) STUDY.—Section 324(e) of the Energy products that were, at the time of the enact- ucts and technologies as the preferred prod- Policy and Conservation Act (42 U.S.C. ment of this subsection, covered products ucts and technologies in the marketplace for 6294(e)) is amended as follows: under this section. reducing pollution and achieving energy se- (1) By inserting ‘‘(1)’’ before ‘‘The Sec- ‘‘(2)(A) Except as provided in subparagraph curity; and retary, in consultation’’. (B), a household appliance that is manufac- ‘‘(4) work to enhance public awareness and (2) By redesignating paragraphs (1) and (2) tured in, or imported for sale in, the United preserve the integrity of the Energy Sun as subparagraphs (A) and (B), respectively. States on or after the date that is 2 years label. (3) By adding the following new paragraph after the date of the enactment of this sub- For the purposes of carrying out this sec- at the end: section shall not consume in standby mode tion, there is authorized to be appropriated ‘‘(2) The Secretary shall make rec- more than 1 watt. ‘‘(B) In the case of analog televisions, the $10,000,000 for each of fiscal years 2002 ommendations to the Commission within 180 Secretary shall prescribe, on or after the through 2006. days of the date of the enactment of this date that is 2 years after the date of the en- ‘‘(b) STUDY OF CERTAIN PRODUCTS, TECH- paragraph regarding labeling of consumer actment of this subsection, in accordance NOLOGIES, AND BUILDINGS.—Within 18 months products that are not covered products in ac- with subsections (o) and (p) of section 325, an after the enactment of this section, the Ad- cordance with this section, where such label- energy conservation standard that is techno- ministrator and the Secretary, consistent ing is likely to assist consumers in making logically feasible and economically justified with the terms of agreements between the purchasing decisions and is technologically under section 325(o)(2)(A) (in lieu of the 1 two agencies, shall conduct a study to deter- and economically feasible.’’. watt standard under subparagraph (A)). mine whether the Energy Sun label should (b) NONCOVERED PRODUCTS.—Section ‘‘(3)(A) A manufacturer or importer of a be authorized for products, technologies, and 324(a)(2) of the Energy Policy and Conserva- household appliance may submit to the Sec- buildings in the following categories: tion Act (42 U.S.C. 6294(a)(2)) is amended by retary an application for an exemption of the ‘‘(1) Passive solar, solar thermal, concen- adding the following at the end: household appliance from the standard under trating solar energy, solar water heating, ‘‘(F) Not later than 1 year after the date of the enactment of this subparagraph, the paragraph (2). and related solar products and building tech- ‘‘(B) The Secretary shall grant an exemp- Commission shall initiate a rulemaking to nologies. tion for a household appliance for which an prescribe labeling rules under this section ‘‘(2) Solar photovoltaics and other solar application is made under subparagraph (A) applicable to consumer products that are not electric power generation technologies. if the applicant provides evidence showing covered products if it determines that label- ‘‘(3) Wind. that, and the Secretary determines that— ‘‘(4) Geothermal. ing of such products is likely to assist con- ‘‘(i) it is not technically feasible to modify ‘‘(5) Biomass. sumers in making purchasing decisions and the household appliance to enable the house- ‘‘(6) Distributed energy (including, but not is technologically and economically feasible. hold appliance to meet the standard; limited to, microturbines, combined heat ‘‘(G) Not later than 3 months after the date ‘‘(ii) the standard is incompatible with an and power, fuel cells, and stirling heat en- of the enactment of this subparagraph, the energy efficiency standard applicable to the gines). Commission shall initiate a rulemaking to household appliance under another sub- ‘‘(7) Green power or other renewables and consider the effectiveness of the current con- section; or alternative based electric power products sumer products labeling program in assisting ‘‘(iii) the cost of electricity that a typical (including green tag credit programs) sold to consumers in making purchasing decisions consumer would save in operating the house- retail consumers of electricity. and improving energy efficiency and to con- hold appliance meeting the standard would ‘‘(8) Homes. sider changes to the label that would im- not equal the increase in the price of the ‘‘(9) School buildings. prove the effectiveness of the label. Such household appliance that would be attrib- ‘‘(10) Retail buildings. rulemaking shall be completed within 15 utable to the modifications that would be ‘‘(11) Health care facilities. months of the date of the enactment of this necessary to enable the household appliance ‘‘(12) Hotels and other commercial lodging subparagraph.’’. to meet the standard by the earlier of— facilities. SEC. 143. APPLIANCE STANDARDS. ‘‘(I) the date that is 7 years after the date ‘‘(13) Restaurants and other food service fa- (a) STANDARDS FOR HOUSEHOLD APPLIANCES of purchase of the household appliance; or cilities. IN STANDBY MODE.—(1) Section 325 of the En- ‘‘(II) the end of the useful life of the house- ‘‘(14) Rest area facilities along interstate ergy Policy and Conservation Act (42 U.S.C. hold appliance. highways. 6295) is amended by adding at the end the fol- ‘‘(C) If the Secretary determines that it is ‘‘(15) Sports stadia, arenas, and concert fa- lowing: not technically feasible to modify a house- cilities. ‘‘(u) STANDBY MODE ELECTRIC ENERGY CON- hold appliance to meet the standard under ‘‘(16) Any other product, technology or SUMPTION BY HOUSEHOLD APPLIANCES.— paragraph (2), the Secretary shall establish a building category, the accelerated recogni- (1) In this subsection: different standard for the household appli- tion of which the Administrator or the Sec- ‘‘(A) The term ‘‘household appliance’’ ance in accordance with the criteria under retary determines to be necessary or appro- means any device that uses household elec- subsection (l). priate for the achievement of the purposes of tric current, operates in a standby mode, and ‘‘(4)(A) Not later than 1 year after the date this section. is identified by the Secretary as a major con- of the enactment of this subsection, the Sec- Nothing in this subsection shall be construed sumer of electricity in standby mode, except retary shall establish a test procedure for de- to limit the discretion of the Administrator digital televisions, digital set top boxes, dig- termining the amount of consumption of or the Secretary under subsection (a)(1) to ital video recorders, any product recognized power by a household appliance operating in include in the Energy Sun program addi- under the Energy Star program, any product standby mode. ‘‘(B) In establishing the test procedure, the tional products, technologies, and buildings that was on the date of the enactment of this Secretary shall consider— not listed in this subsection. Participation Act subject to an energy conservation stand- ‘‘(i) international test procedures under de- by private-sector entities in programs or ard under this section, and any product re- velopment; studies authorized by this section shall be garding which the Secretary finds that the ‘‘(ii) test procedures used in connection (A) voluntary, and (B) by permission of the expected additional cost to the consumer of with the Energy Star program; and Administrator or Secretary, on terms and purchasing such product as a result of com- ‘‘(iii) test procedures used for measuring conditions the Administrator or the Sec- plying with a standard established under this power consumption in standby mode in other retary (consistent with agreements between section is not economically justified within countries. the agencies) deems necessary or appropriate the meaning of subsection (o). ‘‘(5) FURTHER REDUCTION OF STANDBY POWER to carry out the purposes and requirements ‘‘(B) The term ‘‘standby mode’’ means a CONSUMPTION.—The Secretary shall provide of this section. mode in which a household appliance con- technical assistance to manufacturers in ‘‘(c) DEFINITION.—For the purposes of this sumes the least amount of electric energy achieving further reductions in standby section, the term ‘‘renewable and alternative that the household appliance is capable of mode electric energy consumption by house- energy’’ shall have the same meaning as the consuming without being completely hold appliances. term ‘‘unconventional and renewable energy switched off (provided that, the amount of ‘‘(v) STANDBY MODE ELECTRIC ENERGY CON- resources’’ in Section 551 of the National En- electric energy consumed in such mode is SUMPTION BY DIGITAL TELEVISIONS, DIGITAL ergy Conservation Policy Act (42 U.S.C. substantially less than the amount the SET TOP BOXES, AND DIGITAL VIDEO RECORD- 8259).’’. household appliance would consume in its ERS.—The Secretary shall initiate on Janu- (b) TABLE OF CONTENTS AMENDMENT.—The normal operational mode). ary 1, 2007 a rulemaking to prescribe, in ac- table of contents of the Energy Policy and ‘‘(C) The term ‘‘major consumer of elec- cordance with subsections (o) and (p), an en- Conservation Act is amended by inserting tricity in standby mode’’ means a product ergy conservation standard of standby mode after the item relating to section 324A the for which a standard prescribed under this electric energy consumption by digital tele- following new item: section would result in substantial energy vision sets, digital set top boxes, and digital November 14, 2001 CONGRESSIONAL RECORD — SENATE S11803 video recorders. The Secretary shall issue a is amended by adding the following at the servation standards for residential furnace final rule prescribing such standards not end thereof: fans, residential central air conditioner and later than 18 months thereafter. In deter- ‘‘(32) The term ‘‘residential furnace fan’’ heat pump circulation fans, suspended ceil- mining whether a standard under this sec- means an electric fan installed as part of a ing fans, and refrigerated bottled or canned tion is technologically feasible and economi- furnace for purposes of circulating air beverage vending machines. In establishing cally justified under section 325(o)(2)(A), the through the system air filters, the heat ex- these standards, the Secretary shall use the Secretary shall consider the potential effects changers or heating elements of the furnace, criteria and procedures contained in sub- on market penetration by digital products and the duct work. sections (l) and (m). Any standard prescribed covered under this section, and shall con- ‘‘(33) The terms ‘‘residential central air under this section shall apply to products sider any recommendations by the FCC re- conditioner fan’’ and ‘‘heat pump circulation manufactured 36 months after the date such garding such effects.’’. fan’’ mean an electric fan installed as part of rule is published.’’. (2) Section 325(o)(3) of the Energy Policy a central air conditioner or heat pump for (4) LABELING.—Section 324(a) of the Energy and Conservation Act (42 U.S.C. 6295(n)(1)) is purposes of circulating air through the sys- Policy and Conservation Act (42 U.S.C. amended by inserting at the end of the para- tem air filters, the heat exchangers of the air 6294(a)) is amended by adding the following graph the following: ‘‘Notwithstanding any conditioner or heat pump, and the duct at the end thereof: provision of this part, the Secretary shall work. ‘‘(5) The Secretary shall within 6 months not amend a standard established under sub- ‘‘(34) The term ‘‘suspended ceiling fan’’ after the date on which energy conservation section (u) or (v) of this section.’’. means a fan intended to be mounted to a standards are prescribed by the Secretary for (b) STANDARDS FOR NONCOVERED PROD- ceiling outlet box, ceiling building structure, covered products referred to in section UCTS.—Section 325(m) of the Energy Policy or to a vertical rod suspended from the ceil- 325(w), prescribe, by rule, labeling require- and Conservation Act (42 U.S.C. 6295(m)) is ing, and which as blades which rotate below ments for such products. These requirements amended as follows: the ceiling and consists of an electric motor, shall take effect on the same date as the (1) Inserting ‘‘(1)’’ before ‘‘After’’. fan blades (which rotate in a direction par- standards prescribed pursuant to section (2) Inserting the following at the end: allel to the floor), an optional lighting kit, ‘‘(2) Not later than 1 year after the date of 325(w).’’. and one or more electrical controls (integral the enactment of the Energy Advancement (5) COVERED PRODUCTS.—Section 322(a) of or remote) governing fan speed and lighting and Conservation Act of 2001, the Secretary the Energy Policy and Conservation Act (42 operation. shall conduct a rulemaking to determine U.S.C. 6292(a)) is amended by redesignating ‘‘(35) The term ‘‘refrigerated bottled or whether consumer products not classified as paragraph (19) as paragraph (20) and by in- canned beverage vending machine’’ means a a covered product under section 322(a) (1) serting after paragraph (18) the following: machine that cools bottled or canned bev- through (18) meet the criteria of section ‘‘(19) Beginning on the effective date for erages and dispenses them upon payment.’’. 322(b)(1) and is a major consumer of elec- standards established pursuant to subsection (2) TESTING REQUIREMENTS.—Section 323 of tricity. If the Secretary finds that a con- (v) of section 325, each product referred to in the Energy Policy and Conservation Act (42 sumer product not classified as a covered such subsection (v).’’. U.S.C. 6293) is amended by adding the fol- product meets the criteria of section Subtitle E—Energy Efficient Vehicles lowing at the end thereof: 322(b)(1), he shall prescribe, in accordance ‘‘(f) ADDITIONAL CONSUMER PRODUCTS.—The SEC. 151. HIGH OCCUPANCY VEHICLE EXCEP- with subsections (o) and (p), an energy con- Secretary shall within 18 months after the TION. servation standard for such consumer prod- date of the enactment of this subsection pre- (a) IN GENERAL.—Notwithstanding section uct, if such standard is reasonably probable scribe testing requirements for residential 102(a)(1) of title 23, United States Code, a to be technologically feasible and economi- furnace fans, residential central air condi- State may, for the purpose of promoting en- cally justified within the meaning of sub- tioner fans, heat pump circulation fans, sus- ergy conservation, permit a vehicle with section (o)(2)(A). As used in this paragraph, pended ceiling fans, and refrigerated bottled fewer than 2 occupants to operate in high oc- the term ‘‘major consumer of electricity’’ or canned beverage vending machines. Such cupancy vehicle lanes if such vehicle is a hy- means a product for which a standard pre- testing requirements shall be based on exist- brid vehicle or is fueled by an alternative scribed under this section would result in ing test procedures used in industry to the fuel. substantial aggregate energy savings as com- extent practical and reasonable. In the case (b) HYBRID VEHICLE DEFINED—In this sec- pared to energy savings achieved or expected of residential furnace fans, residential cen- tion, the term ‘‘hybrid vehicle’’ means a to be achieved by standards established by tral air conditioner fans, heat pump circula- motor vehicle- the Secretary under paragraphs (o) and (p) of (1) which draws propulsion energy from on- this section for products that were, at the tion fans, and suspended ceiling fans, such test procedures shall include efficiency at board sources of stored energy which are time of the enactment of this paragraph, both— covered products under this section.’’. both maximum output and at an output no more than 50 percent of the maximum out- (A) an internal combustion or heat engine (c) CONSUMER EDUCATION ON ENERGY EFFI- using combustible fuel; and CIENCY BENEFITS OF AIR CONDITIONING, HEAT- put.’’. (3) STANDARDS FOR ADDITIONAL CONSUMER (B) a rechargeable energy storage system; ING AND VENTILATION MAINTENANCE.—Section (2) which, in the case of a passenger auto- 337 of the Energy Policy and Conservation PRODUCTS.—Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is mobile or light truck— Act (42 U.S.C. 6307) is amended by adding the (A) for 2002 and later model vehicles, has following new subsection after subsection amended by adding the following at the end thereof: received a certificate of conformity under (b): section 206 of the Clean Air Act (42 U.S.C. ‘‘(c) HVAC MAINTENANCE.—For the purpose ‘‘(w) RESIDENTIAL FURNACE FANS, CENTRAL 7525) and meets or exceeds the equivalent of ensuring that installed air conditioning AIR AND HEAT PUMP CIRCULATION FANS, SUS- qualifying California low emission vehicle and heating systems operate at their max- PENDED CEILING FANS, AND VENDING MA- standard under section 243(e)(2) of the Clean imum rated efficiency levels, the Secretary CHINES.— Air Act (42 U.S.C. 7583(e)(2)) for that make shall, within 180 days of the date of the en- ‘‘(1) The Secretary shall, within 18 months and model year; and actment of this subsection, develop and im- after the date of the enactment of this sub- (B) for 2004 and later model vehicles, has plement a public education campaign to edu- section, assess the current and projected fu- received a certificate that such vehicle cate homeowners and small business owners ture market for residential furnace fans, res- meets the Tier II emission level established concerning the energy savings resulting from idential central air conditioner and heat in regulations prescribed by the Adminis- regularly scheduled maintenance of air con- pump circulation fans, suspended ceiling ditioning, heating, and ventilating systems. fans, and refrigerated bottled or canned bev- trator of the Environmental Protection In developing and implementing this cam- erage vending machines. This assessment Agency under section 202(i) of the Clean Air paign, the Secretary shall consider support shall include an examination of the types of Act (42 U.S.C. 7521(i)) for that make and by the Department of public education pro- products sold, the number of products in use, model year vehicle; and grams sponsored by trade and professional annual sales of these products, energy used (3) which is made by a manufacturer. and energy efficiency organizations. The by these products sold, the number of prod- (c) ALTERNATIVE FUEL DEFINED—In this public service information shall provide suf- ucts in use, annual sales of these products, section, the term ‘‘alternative fuel’’ has the ficient information to allow consumers to energy used by these products, estimates of meaning such term has under section 301(2) make informed choices from among profes- the potential energy savings from specific of the Energy Policy Act of 1992 (42 U.S.C. sional, licensed (where State or local licens- technical improvements to these products, 13211(2)). ing is required) contractors. There are au- and an examination of the cost-effectiveness SEC. 152. RAILROAD EFFICIENCY. thorized to be appropriated to carry out this of these improvements. Prior to the end of (a) LOCOMOTIVE TECHNOLOGY DEMONSTRA- subsection $5,000,000 for fiscal years 2002 and this time period, the Secretary shall hold an TION— The Secretary of Energy shall estab- 2003 in addition to amounts otherwise appro- initial scoping workshop to discuss and re- lish a public-private research partnership priated in this part.’’. ceive input to plans for developing minimum with railroad carriers, locomotive manufac- (d) EFFICIENCY STANDARDS FOR FURNACE efficiency standards for these products. turers, and a world-class research and test FANS, CEILING FANS, AND COLD DRINK VEND- ‘‘(2) The Secretary shall within 24 months center dedicated to the advancement of rail- ING MACHINES.— after the date on which testing requirements road technology, efficiency, and safety that (1) DEFINITIONS.—Section 321 of the Energy are prescribed by the Secretary pursuant to is owned by the Federal Railroad Adminis- Policy and Conservation Act (42 U.S.C. 6291) section 323(f), prescribe, by rule, energy con- tration and operated in the private sector, S11804 CONGRESSIONAL RECORD — SENATE November 14, 2001

for the development and demonstration of lo- Clean Air Act to determine whether such (d) DEFINITIONS.—As used in this section: comotive technologies that increase fuel models accurately reflect the emissions re- (1) SECRETARY.—The term ‘‘Secretary’’ economy and reduce emissions. sulting from extended idling of heavy-duty means the Secretary of Energy. (b) AUTHORIZATION OF APPROPRIATIONS— trucks and other vehicles and engines, and (2) COMMISSION.—The term ‘‘Commission’’ There are authorized to be appropriated to shall update those models as the Adminis- means the Federal Communications Com- the Secretary of Energy $25,000,000 for fiscal trator deems appropriate. Additionally, mission. year 2002, $30,000,000 for fiscal year 2003, and within 90 days after the date of the enact- (3) NTIA.—The term ‘‘NTIA’’ means the $35,000,000 for fiscal year 2004 for carrying out ment of this subsection, the Administrator National Telecommunications and Informa- this section. shall commence a review as to the appro- tion Administration of the Department of SEC. 153. BIODIESEL FUEL USE CREDITS. priate emissions reductions credit that Commerce. Section 312(c) of the Energy Policy Act of should be allotted under the Clean Air Act (4) TELECOMMUTING.—The term ‘‘telecom- 1992 (42 U.S.C. 13220(c)) is amended— for the use of advanced idle elimination sys- muting’’ means the performance of work (1) by striking ‘‘NOT’’ in the subsection tems, and whether such credits should be functions using communications tech- heading; and subject to an emissions trading system, and nologies, thereby eliminating or substan- (2) by striking ‘‘not’’. shall revise Agency regulations and guidance tially reducing the need to commute to and SEC. 154. MOBILE TO STATIONARY SOURCE TRAD- as the Administrator deems appropriate. from traditional worksites. ING. SEC. 163. STUDY OF BENEFITS AND FEASIBILITY TITLE II—AUTOMOBILE FUEL ECONOMY OF OIL BYPASS FILTRATION TECH- Within 90 days after the enactment of this SEC. 201. AVERAGE FUEL ECONOMY STANDARDS NOLOGY. section, the Administrator of the Environ- FOR NONPASSENGER AUTO- mental Protection Agency is directed to (a) STUDY.—The Secretary of Energy and MOBILES.— commence a review of the Agency’s policies the Administrator of the Environmental Section 32902(a) of title 49, United States regarding the use of mobile to stationary Protection Agency shall jointly conduct a Code, is amended— source trading of emission credits under the study of oil bypass filtration technology in (1) by inserting ‘‘(1)’’ after ‘‘NONPASSENGER Clean Air Act to determine whether such motor vehicle engines. The study shall ana- AUTOMOBILES.—’’; and trading can provide both nonattainment and lyze and quantify the potential benefits of (2) by adding at the end the following: attainment areas with additional flexibility such technology in terms of reduced demand ‘‘(2) The Secretary shall prescribe under in achieving and maintaining healthy air for oil and the potential environmental bene- paragraph (1) average fuel economy stand- quality and increasing use of alternative fuel fits of the technology in terms of reduced ards for automobiles (except passenger auto- and advanced technology vehicles, thereby waste and air pollution. The Secretary and mobiles) manufactured in model years 2004 reducing United States dependence on for- the Administrator shall also examine the through 2010 that are calculated to ensure eign oil. feasibility of using such technology in the that the aggregate amount of gasoline pro- Subtitle F—Other Provisions Federal motor vehicle fleet. jected to be used in those model years by (b) REPORT.—Not later than 6 months after SEC. 161. REVIEW OF REGULATIONS TO ELIMI- automobiles to which the standards apply is the enactment of this Act, the Secretary of at least 5 billion gallons less than the aggre- NATE BARRIERS TO EMERGING EN- Energy and the Administrator of the Envi- ERGY TECHNOLOGY. gate amount of gasoline that would be used ronmental Protection Agency shall jointly (a) IN GENERAL—Each Federal agency shall in those model years by such automobiles if submit a report containing the results of the carry out a review of its regulations and they achieved only the fuel economy re- study conducted under subsection (a) to the standards to determine those that act as a quired under the average fuel economy Committee on Energy and Commerce of the barrier to market entry for emerging energy- standard that applies under this subsection United States House of Representatives and efficient technologies, including, but not to automobiles (except passenger auto- to the Committee on Energy and Natural Re- limited to, fuel cells, combined heat and mobiles) manufactured in model year 2002.’’. sources of the United States Senate. power, and distributed generation (including SEC. 202. CONSIDERATION OF PRESCRIBING DIF- small-scale renewable energy). SEC. 164. GAS FLARE STUDY. FERENT AVERAGE FUEL ECONOMY (b) REPORT TO CONGRESS—No later than 18 (a) STUDY.—The Secretary of Energy shall STANDARDS FOR NONPASSENGER months after the date of the enactment of conduct a study of the economic feasibility AUTOMOBILES. this section, each agency shall provide a re- of installing small cogeneration facilities (a) IN GENERAL.—The Secretary of Trans- port to Congress and the President detailing utilizing excess gas flares at petrochemical portation shall, in prescribing average fuel all regulatory barriers to emerging energy- facilities to provide reduced electricity costs economy standards under section 32902(a) of efficient technologies, along with actions the to customers living within 3 miles of the pe- title 49, United States Code, for automobiles agency intends to take, or has taken, to re- trochemical facilities. The Secretary shall (except passenger automobiles) manufac- move such barriers. solicit public comment to assist in preparing tured in model year 2004, consider the poten- (c) PERIODIC REVIEW—Each agency shall the report required under subsection (b). tial benefits of— subsequently review its regulations and (b) REPORT.—Not later than 18 months (1) establishing a weight-based system for standards in the manner specified in this sec- after the date of the enactment of this Act, automobiles, that is based on the inertia tion no less frequently than every 5 years, the Secretary of Energy shall transmit a re- weight, curb weight, gross vehicle weight and report their findings to Congress and the port to the Congress on the results of the rating, or another appropriate measure of President. Such reviews shall include a de- study conducted under subsection (a). such automobiles; and tailed analysis of all agency actions taken to SEC. 165. TELECOMMUTING STUDY. (2) prescribing different fuel economy remove existing barriers to emerging energy (a) STUDY REQUIRED.—The Secretary, in standards for automobiles that are subject to technologies. consultation with Commission, and the the weight-based system. SEC. 162. ADVANCED IDLE ELIMINATION SYS- NTIA, shall conduct a study of the energy (b) SPECIFIC CONSIDERATIONS.—In imple- TEMS. conservation implications of the widespread menting this section the Secretary— (a) DEFINITIONS.— adoption of telecommuting in the United (1) shall consider any recommendations (1) ADVANCED IDLE ELIMINATION SYSTEM.— States. made in the National Academy of Sciences The term ‘‘advanced idle elimination sys- (b) REQUIRED SUBJECTS OF STUDY.—The study completed pursuant to the Department tem’’ means a device or system of devices study required by subsection (a) shall ana- of Transportation and Related Agencies Ap- that is installed at a truck stop or other lo- lyze the following subjects in relation to the propriations Act, 2000 (Public Law 106–346; cation (for example, a loading, unloading, or energy saving potential of telecommuting: 114 Stat. 2763 et seq.); and transfer facility) where vehicles (such as (1) Reductions of energy use and energy (2) shall evaluate the merits of any weight- trucks, trains, buses, boats, automobiles, costs in commuting and regular office heat- based system in terms of motor vehicle safe- and recreational vehicles) are parked and ing, cooling, and other operations. ty, energy conservation, and competitiveness that is designed to provide to the vehicle the (2) Other energy reductions accomplished of and employment in the United States services (such as heat, air conditioning, and by telecommuting. automotive sector, and if a weight-based sys- electricity) that would otherwise require the (3) Existing regulatory barriers that ham- tem is established by the Secretary a manu- operation of the auxiliary or drive train en- per telecommuting, including barriers to facturer may trade credits between or among gine or both while the vehicle is stationary broadband telecommunications services de- the automobiles (except passenger auto- and parked. ployment. mobiles) manufactured by the manufacturer. (2) EXTENDED IDLING.—The term ‘‘extended (4) Collateral benefits to the environment, SEC. 203. DUAL FUELED AUTOMOBILES. idling’’ means the idling of a motor vehicle family life, and other values. (a) PURPOSES.—The purposes of this section for a period greater than 60 minutes. (c) REPORT REQUIRED.—The Secretary shall are— (b) RECOGNITION OF BENEFITS OF ADVANCED submit to the President and the Congress a (1) to extend the manufacturing incentives IDLE ELIMINATION SYSTEMS.—Within 90 days report on the study required by this section for dual fueled automobiles, as set forth in after the date of the enactment of this sub- not later than 6 months after the date of the subsections (b) and (d) of section 32905 of section, the Administrator of the Environ- enactment of this Act. Such report shall in- title 49, United States Code, through the 2008 mental Protection Agency is directed to clude a description of the results of the anal- model year; and commence a review of the Agency’s mobile ysis of each of the subject described in sub- (2) to similarly extend the limitation on source air emissions models used under the section (b). the maximum average fuel economy increase November 14, 2001 CONGRESSIONAL RECORD — SENATE S11805 for such automobiles, as set forth in sub- fleet in fiscal years 2004 and 2005, at least 5 the Secretary or, as appropriate, the head of section (a)(1) of section 32906 of title 49, percent of the vehicles in addition to those each Federal fleet subject to the provisions United States Code. covered by the preceding sentence shall be of this section and section 313 of this Act, (b) AMENDMENTS.— alternative fueled vehicles or hybrid vehicles such sums as may be necessary to achieve (1) MANUFACTURING INCENTIVES.—Section and in fiscal year 2006 and thereafter at least the purposes of section 313(a) and the provi- 32905 of title 49, United States Code, is 10 percent of the vehicles in addition to sions of this section. Such sums shall remain amended as follows: those covered by the preceding sentence available until expended.’’. (A) Subsections (b) and (d) are each amend- shall be alternative fueled vehicles or hybrid (b) CLERICAL AMENDMENT.—The table of ed by striking ‘‘model years 1993–2004’’ and vehicles.’’. contents in section 1(b) of such Act is inserting ‘‘model years 1993–2008’’. (b) DEFINITION.—Section 301 of such Act is amended by adding at the end of the items (B) Subsection (f) is amended by striking amended by striking ‘‘and’’ at the end of relating to title III the following: ‘‘Not later than December 31, 2001, the Sec- paragraph (13), by striking the period at the ‘‘Sec. 313. Conservation of petroleum-based retary’’ and inserting ‘‘Not later than De- end of paragraph (14) and inserting ‘‘; and’’ fuels by the Federal Government for cember 31, 2005, the Secretary’’. and by adding at the end the following: light-duty motor vehicles.’’. (C) Subsection (f)(1) is amended by striking ‘‘(15) The term ‘‘hybrid vehicle’’ means a SEC. 207. STUDY OF FEASIBILITY AND EFFECTS ‘‘model year 2004’’ and inserting ‘‘model year motor vehicle which draws propulsion energy OF REDUCING USE OF FUEL FOR 2008’’. from onboard sources of stored energy which AUTOMOBILES. (D) Subsection (g) is amended by striking are both— (a) IN GENERAL.—Not later than 30 days ‘‘Not later than September 30, 2000’’ and in- ‘‘(A) an internal combustion or heat engine after the date of the enactment of this Act, serting ‘‘Not later than September 30, 2004’’. using combustible fuel; and the Secretary of Transportation shall enter (2) MAXIMUM FUEL ECONOMY INCREASE.— ‘‘(B) a rechargeable energy storage sys- into an arrangement with the National Subsection (a)(1) of section 32906 of title 49, tem.’’. Academy of Sciences under which the Acad- United States Code, is amended as follows: SEC. 206. FEDERAL FLEET PETROLEUM-BASED emy shall study the feasibility and effects of (A) Subparagraph (A) is amended by strik- NONALTERNATIVE FUELS. reducing by model year 2010, by a significant ing ‘‘the model years 1993–2004’’ and inserting (a) IN GENERAL.—Title III of the Energy percentage, the use of fuel for automobiles. ‘‘model years 1993–2008’’. Policy Act of 1992 (42 U.S.C. 13212 et seq.) is (b) SUBJECTS OF STUDY.—The study under (B) Subparagraph (B) is amended by strik- amended as follows: this section shall include— ing ‘‘the model years 2005–2008’’ and inserting (1) By adding at the end thereof the fol- (1) examination of, and recommendation of ‘‘model years 2009–2012’’. lowing: alternatives to, the policy under current SEC. 204. FUEL ECONOMY OF THE FEDERAL ‘‘SEC. 313. CONSERVATION OF PETROLEUM- Federal law of establishing average fuel FLEET OF AUTOMOBILES. BASED FUELS BY THE FEDERAL economy standards for automobiles and re- Section 32917 of title 49, United States GOVERNMENT FOR LIGHT-DUTY quiring each automobile manufacturer to Code, is amended to read as follows: MOTOR VEHICLES. comply with average fuel economy standards ‘‘(a) PURPOSES.—The purposes of this sec- that apply to the automobiles it manufac- ‘‘SEC. 32917. STANDARDS FOR EXECUTIVE tion are to complement and supplement the AGENCY AUTOMOBILES tures; requirements of section 303 of this Act that (2) examination of how automobile manu- ‘‘(a) BASELINE AVERAGE FUEL ECONOMY.— Federal fleets, as that term is defined in sec- facturers could contribute toward achieving The head of each executive agency shall de- tion 303(b)(3), acquire in the aggregate a min- the reduction referred to in subsection (a); termine, for all automobiles in the agency’s imum percentage of alternative fuel vehi- (3) examination of the potential of fuel cell fleet of automobiles that were leased or cles, to encourage the manufacture and sale technology in motor vehicles in order to de- bought as a new vehicle in fiscal year 1999, or lease of such vehicles nationwide, and to termine the extent to which such technology the average fuel economy for such auto- achieve, in the aggregate, a reduction in the may contribute to achieving the reduction mobiles. For the purposes of this section, the amount of the petroleum-based fuels (other referred to in subsection (a); and average fuel economy so determined shall be than the alternative fuels defined in this (4) examination of the effects of the reduc- the baseline average fuel economy for the title) used by new light-duty motor vehicles tion referred to in subsection (a) on— agency’s fleet of automobiles. acquired by the Federal Government in (A) gasoline supplies; ‘‘(b) INCREASE OF AVERAGE FUEL ECON- model years 2004 through 2010 and thereafter. (B) the automobile industry, including OMY.—The head of an executive agency shall ‘‘(b) IMPLEMENTATION.—In furtherance of sales of automobiles manufactured in the manage the procurement of automobiles for such purposes, such Federal fleets in the ag- United States; that agency in such a manner that— gregate shall reduce the purchase of petro- (C) motor vehicle safety; and ‘‘(1) not later than September 30, 2003, the leum-based nonalternative fuels for such (D) air quality. average fuel economy of the new auto- fleets beginning October 1, 2003, through Sep- (c) REPORT.—The Secretary shall require mobiles in the agency’s fleet of automobiles tember 30, 2009, from the amount purchased the National Academy of Sciences to submit is not less than 1 mile per gallon higher than for such fleets over a comparable period to the Secretary and the Congress a report the baseline average fuel economy deter- since enactment of this Act, as determined on the findings, conclusion, and rec- mined under subsection (a) for that fleet; and by the Secretary, through the annual pur- ommendations of the study under this sec- ‘‘(2) not later than September 30, 2005, the chase, in accordance with section 304, and tion by not later than 1 year after the date average fuel economy of the new auto- the use of alternative fuels for the light-duty of the enactment of this Act. mobiles in the agency’s fleet of automobiles motor vehicles of such Federal fleets, so as TITLE III—NUCLEAR ENERGY is not less than 3 miles per gallon higher to achieve levels which reflect total reliance than the baseline average fuel economy de- by such fleets on the consumptive use of al- SEC. 301. LICENSE PERIOD. termined under subsection (a) for that fleet. ternative fuels consistent with the provi- Section 103 c. of the Atomic Energy Act of ‘‘(c) CALCULATION OF AVERAGE FUEL ECON- sions of section 303(b) of this Act. The Sec- 1954 (42 U.S.C. 2133(c)) is amended— OMY.—Average fuel economy shall be cal- retary shall, within 120 days after the enact- (1) by striking ‘‘(c). Each such’’ and insert- culated for the purposes of this section in ac- ment of this section, promulgate, in con- ing the following: cordance with guidance which the Secretary sultation with the Administrator of the Gen- ‘‘(c). LICENSE PERIOD.— of Transportation shall prescribe for the im- eral Services Administration and the Direc- ‘‘(1) IN GENERAL.—Each such’’; and plementation of this section. tor of the Office of Management and Budget (2) by adding at the end the following: ‘‘(d) DEFINITIONS.—In this section: and such other heads of entities referenced ‘‘(2) COMBINED LICENSES.—In the case of a ‘‘(1) The term ‘‘automobile’’ does not in- in section 303 within the executive branch as combined construction and operating license clude any vehicle designed for combat-re- such Director may designate, standards for issued under section 185 b., the initial dura- lated missions, law enforcement work, or the full and prompt implementation of this tion of the license may not exceed 40 years emergency rescue work. section by such entities. The Secretary shall from the date on which the Commission ‘‘(2) The term ‘‘executive agency’’ has the monitor compliance with this section and finds, before operation of the facility, that meaning given that term in section 105 of such standards by all such fleets and shall the acceptance criteria required by section title 5. report annually to the Congress, based on re- 185 b. are met.’’. ‘‘(3) The term ‘‘new automobile’’, with re- ports by the heads of such fleets, on the ex- SEC. 302. COST RECOVERY FROM GOVERNMENT spect to the fleet of automobiles of an execu- tent to which the requirements of this sec- AGENCIES. tive agency, means an automobile that is tion and such standards are being achieved. Section 161 w. of the Atomic Energy Act of leased for at least 60 consecutive days or The report shall include information on an- 1954 (42 U.S.C. 2201(w)) is amended— bought, by or for the agency, after Sep- nual reductions achieved of petroleum-based (1) by striking ‘‘for or is issued’’ and all tember 30, 1999.’’. fuels and the problems, if any, encountered that follows through ‘‘1702’’ and inserting SEC. 205. HYBRID VEHICLES AND ALTERNATIVE in acquiring alternative fuels and in requir- ‘‘to the Commission for, or is issued by the VEHICLES. ing their use.’’. Commission, a license or certificate’’; (a) IN GENERAL.—Section 303(b)(1) of the (2) By amending section 304(b) of such Act (2) by striking ‘‘483a’’ and inserting ‘‘9701’’; Energy Policy Act of 1992 is amended by add- to read as follows: and ing the following at the end: ‘‘Of the total ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— (3) by striking ‘‘, of applicants for, or hold- number of vehicles acquired by a Federal There are authorized to be appropriated to ers of, such licenses or certificates’’. S11806 CONGRESSIONAL RECORD — SENATE November 14, 2001 SEC. 303. DEPLETED URANIUM HEXAFLUORIDE. identify funding requirements that are in ad- ervation of the United States, and the Sec- Section 1(b) of Public Law 105–204 is dition to the expected outlays included in retary of the department under whose super- amended by striking ‘‘fiscal year 2002’’ and the Department of Energy’s Environmental vision such reservation falls deems a condi- inserting ‘‘fiscal year 2005’’. Management Plan for the Paducah Gaseous tion to such license to be necessary under SEC. 304. NUCLEAR REGULATORY COMMISSION Diffusion Plan. the first proviso of subsection (e), the license MEETINGS. SEC. 308. STUDY TO DETERMINE FEASIBILITY OF applicant or any other party to the licensing If a quorum of the Nuclear Regulatory DEVELOPING COMMERCIAL NU- proceeding may propose an alternative con- Commission gathers to discuss official Com- CLEAR ENERGY PRODUCTION FA- dition. mission business the discussions shall be re- CILITIES AT EXISTING DEPARTMENT ‘‘(2) Notwithstanding the first proviso of OF ENERGY SITES. corded, and the Commission shall notify the subsection (e), the Secretary of the depart- (a) IN GENERAL.—The Secretary of Energy public of such discussions within 15 days ment under whose supervision the reserva- shall conduct a study to determine the feasi- after they occur. The Commission shall tion falls shall accept the proposed alter- bility of developing commercial nuclear en- promptly make a transcript of the recording native condition referred to in paragraph (1), ergy production facilities at Department of available to the public on request, except to and the Commission shall include in the li- Energy sites in existence on the date of the the extent that public disclosure is exempted cense such alternative condition, if the Sec- enactment of this Act, including— or prohibited by law. This section shall not retary of the appropriate department deter- (1) options for how and where nuclear apply to a meeting, within the meaning of mines, based on substantial evidence pro- power plants can be developed on existing that term under section 552b(a)(2) of title 5, vided by the party proposing such alter- Department of Energy sites; native condition, that the alternative United States Code. (2) estimates on cost savings to the Federal condition— SEC. 305. COOPERATIVE RESEARCH AND DEVEL- Government that may be realized by locat- ‘‘(A) provides no less protection for the res- OPMENT AND SPECIAL DEMONSTRA- ing new nuclear power plants on Federal ervation than provided by the condition TION PROJECTS FOR THE URANIUM sites; MINING INDUSTRY. deemed necessary by the Secretary; and (3) the feasibility of incorporating new ‘‘(B) will either— (a) AUTHORIZATION OF APPROPRIATIONS.— technology into nuclear power plants located ‘‘(i) cost less to implement, or There are authorized to be appropriated to on Federal sites; the Secretary $10,000,000 for each of fiscal (4) potential improvements in the licensing ‘‘(ii) result in improved operation of the years 2002, 2003, and 2004 for— and safety oversight procedures of nuclear project works for electricity production, (1) cooperative, cost-shared, agreements power plants located on Federal sites; as compared to the condition deemed nec- between the Department of Energy and do- (5) an assessment of the effects of nuclear essary by the Secretary. mestic uranium producers to identify, test, waste management policies and projects as a ‘‘(3) Within 1 year after the enactment of and develop improved in situ leaching min- result of locating nuclear power plants lo- this subsection, each Secretary concerned ing technologies, including low-cost environ- cated on Federal sites; and shall, by rule, establish a process to expedi- mental restoration technologies that may be (6) any other factors that the Secretary be- tiously resolve conflicts arising under this applied to sites after completion of in situ lieves would be relevant in making the de- subsection.’’. leaching operations; and termination. (b) ALTERNATIVE FISHWAYS.—Section 18 of (2) funding for competitively selected dem- (b) REPORT.—Not later than 90 days after the Federal Power Act (16 U.S.C. 811) is onstration projects with domestic uranium the date of the enactment of this Act, the amended by— producers relating to— Secretary shall submit to Congress a report (1) inserting ‘‘(a)’’ before the first sentence; (A) enhanced production with minimal en- describing the results of the study under sub- and vironmental impacts; section (a). (2) adding at the end the following: (B) restoration of well fields; and SEC. 309. PROHIBITION OF COMMERCIAL SALES ‘‘(b)(1) Whenever the Commission shall re- (C) decommissioning and decontamination OF URANIUM BY THE UNITED quire a licensee to construct, maintain, or activities. STATES UNTIL 2009. operate a fishway prescribed by the Sec- (b) DOMESTIC URANIUM PRODUCER.—For Section 3112 of the USEC Privatization Act retary of the Interior or the Secretary of purposes of this section, the term ‘‘domestic (42 U.S.C. 2297h–10) is amended by adding at Commerce under this section, the licensee or uranium producer’’ has the meaning given the end the following new subsection: any other party to the proceeding may pro- that term in section 1018(4) of the Energy ‘‘(g) PROHIBITION ON SALES.—With the ex- pose an alternative to such prescription to Policy Act of 1992 (42 U.S.C. 2296b–7(4)), ex- ception of sales pursuant to subsection (b)(2) construct, maintain, or operate a fishway. cept that the term shall not include any pro- (42 U.S.C.2297h–10(b)(2)), notwithstanding any ‘‘(2) Notwithstanding subsection (a), the ducer that has not produced uranium from other provision of law, the United States Secretary of the Interior or the Secretary of domestic reserves on or after July 30, 1998. Government shall not sell or transfer any Commerce, as appropriate, shall accept and SEC. 306. MAINTENANCE OF A VIABLE DOMESTIC uranium (including natural uranium con- prescribe, and the Commission shall require, URANIUM CONVERSION INDUSTRY. centrates, natural uranium hexafluoride, en- the proposed alternative referred to in para- There are authorized to be appropriated to riched uranium, depleted uranium, or ura- graph (1), if the Secretary of the appropriate the Secretary $800,000 for contracting with nium in any other form) through March 23, department determines, based on substantial the Nation’s sole remaining uranium con- 2009 (except sales or transfers for use by the evidence provided by the party proposing verter for the purpose of performing research Tennessee Valley Authority in relation to such alternative, that the alternative— and development to improve the environ- the Department of Energy’s HEU or Tritium ‘‘(A) will be no less effective than the mental and economic performance of United programs, or the Department or Energy re- fishway initially prescribed by the Sec- States uranium conversion operations. search reactor sales program, or any de- retary, and SEC. 307. PADUCAH DECONTAMINATION AND DE- pleted uranium hexaflouride to be trans- ‘‘(B) will either— COMMISSIONING PLAN. ferred to a designated Department of Energy ‘‘(i) cost less to implement, or The Secretary of Energy shall prepare and contractor in conjunction with the planned ‘‘(ii) result in improved operation of the submit a plan to Congress within 180 days construction of the Depleted Uranium project works for electricity production, after the date of the enactment of this Act Hexaflouride conversion plants in Ports- as compared to the fishway initially pre- that establishes scope, cost, schedule, se- mouth, Ohio, and Paducah, Kentucky, to any scribed by the Secretary. quence of activities, and contracting strat- natural uranium transferred to the U.S. En- ‘‘(3) Within 1 year after the enactment of egy for— richment Corporation from the Department this subsection, the Secretary of the Interior (1) the decontamination and decommis- of Energy to replace contaminated uranium and the Secretary of Commerce shall each, sioning of the Department of Energy’s sur- received from the Department of Energy by rule, establish a process to expeditiously plus buildings and facilities at the Paducah when the U.S. Enrichment Corporation was resolve conflicts arising under this sub- Gaseous Diffusion Plant that have no future privatized in July, 1998, or for emergency section.’’. anticipated reuse; and purposes in the event of a disruption in sup- SEC. 402. FERC DATA ON HYDROELECTRIC LI- (2) the remediation of Department of En- ply to end users in the United States). The CENSING. ergy Material Storage Areas at the Paducah aggregate of sales or transfers of uranium by (a) DATA COLLECTION PROCEDURES.—The Gaseous Diffusion Plant. the United States Government after March Federal Energy Regulatory Commission Such plan shall inventory all surplus fa- 23, 2009, shall not exceed 3,000,000 pounds shall revise its procedures regarding the col- cilities and buildings, and identify and rank U3O8 per calendar year.’’. lection of data in connection with the Com- health and safety risks associated with such TITLE IV—HYDROELECTRIC ENERGY mission’s consideration of hydroelectric li- facilities and buildings. Such plan shall in- SEC. 401. ALTERNATIVE CONDITIONS AND censes under the Federal Power Act. Such ventory all Department of Energy Material FISHWAYS. revised data collection procedures shall be Storage Areas, and identify and rank health (a) ALTERNATIVE MANDATORY CONDITIONS.— designed to provide the Commission with and safety risks associated with such De- Section 4 of the Federal Power Act (16 U.S.C. complete and accurate information con- partment of Energy Material Storage Areas. 797) is amended by adding at the end the fol- cerning the time and costs to parties in- The Department of Energy shall incorporate lowing: volved in the licensing process. Such data these risk factors in designing the sequence ‘‘(h)(1) Whenever any person applies for a shall be available for each significant stage and schedule for the plan. Such plan shall license for any project works within any res- in the licensing process and shall be designed November 14, 2001 CONGRESSIONAL RECORD — SENATE S11807 to identify projects with similar characteris- (1) the effect of the variety of such require- (2) Such other information as the Sec- tics so that analyses can be made of the time ments on the price of motor vehicle fuels to retary of Energy believes would be useful in and costs involved in licensing proceedings the consumer; developing such renewable energy resources, based upon the different characteristics of (2) the availability and affordability of including descriptions of surrounding ter- those proceedings. motor vehicle fuels in different States and rain, population and load centers, nearby en- (b) REPORTS.—Within 6 months after the localities; ergy infrastructure, location of energy and date of the enactment of this Act, the Com- (3) the effect of Federal, State, and local water resources, and available estimates of mission shall notify the Committee on En- regulations, including multiple fuel require- the costs needed to develop each resource. ergy and Commerce of the United States ments, on domestic refineries and the fuel SEC. 602. RENEWABLE ENERGY PRODUCTION IN- House of Representatives and the Committee distribution system; CENTIVE. on Energy and Natural Resources of the (4) the effect of such requirements on local, Section 1212 of the Energy Policy Act of United States Senate of the progress made regional, and national air quality require- 1992 (42 U.S.C. 13317) is amended as follows: by the Commission under subsection (a), and ments and goals; (1) In subsection (a) by striking ‘‘and which within 1 year after such date of the enact- (5) the effect of such requirements on vehi- satisfies’’ and all that follows through ‘‘Sec- ment, the Commission shall submit a report cle emissions; retary shall establish.’’ and inserting ‘‘. The to such Committees specifying the measures (6) the feasibility of developing national or Secretary shall establish other procedures taken by the Commission pursuant to sub- regional fuel specifications for the contig- necessary for efficient administration of the section (a). uous United States that would— program. The Secretary shall not establish TITLE V—FUELS (A) enhance flexibility in the fuel distribu- any criteria or procedures that have the ef- SEC. 501. TANK DRAINING DURING TRANSITION tion infrastructure and improve fuel fect of assigning to proposals a higher or TO SUMMERTIME RFG. fungibility; lower priority for eligibility or allocation of Not later than 60 days after the enactment (B) reduce price volatility and costs to con- appropriated funds on the basis of the energy of the Act, the Administrator of the Envi- sumers and producers; source proposed.’’. ronmental Protection Agency shall com- (C) meet local, regional, and national air (2) In subsection (b)— mence a rulemaking to determine whether quality requirements and goals; and (A) by striking ‘‘a State or any political’’ modifications to the regulations set forth in (D) provide increased gasoline market li- and all that follows through ‘‘nonprofit elec- 40 CFR Section 80.78 and any associated reg- quidity; trical cooperative’’ and inserting ‘‘an elec- ulations regarding the transition to high (7) the extent to which the Environmental tricity-generating cooperative exempt from ozone season reformulated gasoline are nec- Protection Agency’s Tier II requirements for taxation under section 501(c)(12) or section essary to ensure that the transition to high conventional gasoline may achieve in future 1381(a)(2)(C) of the Internal Revenue Code of ozone season reformulated gasoline is con- years the same or similar air quality results 1986, a public utility described in section 115 ducted in a manner that minimizes disrup- as State reformulated gasoline programs and of such Code, a State, Commonwealth, terri- tions to the general availability and afford- State programs regarding gasoline volatility tory, or possession of the United States or ability of gasoline, and maximizes flexibility (RVP); and the District of Columbia, or a political sub- with regard to the draining and inventory (8) the feasibility of providing incentives division thereof, or an Indian tribal govern- management of gasoline storage tanks lo- to promote cleaner burning fuel. ment or subdivision thereof,’’; and cated at refineries, terminals, wholesale and (b) REPORT.—By December 31, 2001, the Ad- (B) By inserting ‘‘landfill gas,’’ after retail outlets, consistent with the goals of ministrator of the Environmental Protection ‘‘wind, biomass,’’. the Clean Air Act. The Administrator shall Agency and the Secretary of Energy shall (3) In subsection (c) by striking ‘‘during propose and take final action in such rule- submit a report to the Congress containing the 10-fiscal year period beginning with the making to ensure that any modifications are the results of the study conducted under sub- first full fiscal year occurring after the en- effective and implemented at least 60 days section (a). Such report shall contain rec- actment of this section’’ and inserting ‘‘be- prior to the beginning of the high ozone sea- ommendations for legislative and adminis- fore October 1, 2013’’. son for the year 2002. trative actions that may be taken to sim- (4) In subsection (d) by inserting ‘‘or in SEC. 502. GASOLINE BLENDSTOCK REQUIRE- plify the national distribution system for which the Secretary finds that all necessary MENTS. motor vehicle fuel, make such system more Federal and State authorizations have been Not later than 60 days after the enactment cost-effective, and reduce the costs and in- obtained to begin construction of the facil- of this Act, the Administrator of the Envi- crease the availability of motor vehicle fuel ity’’ after ‘‘eligible for such payments’’. ronmental Protection Agency shall com- to the end user while meeting the require- (5) In subsection (e)(1) by inserting ‘‘land- mence a rulemaking to determine whether ments of the Clean Air Act. Such rec- fill gas,’’ after ‘‘wind, biomass,’’. modifications to product transfer docu- ommendations shall take into account the (6) In subsection (f) by striking ‘‘the expi- mentation, accounting, compliance calcula- need to provide lead time for refinery and ration of’’ and all that follows through ‘‘of tion, and other requirements contained in fuel distribution system modifications nec- this section’’ and inserting ‘‘September 30, the regulations of the Administrator set essary to assure adequate fuel supply for all 2023’’. forth in section 80.102 of title 40 of the Code States. (7) In subsection (g)— (A) by striking ‘‘1993, 1994, and 1995’’ and of Federal Regulations relating to gasoline SEC. 504. FUNDING FOR MTBE CONTAMINATION. blendstocks are necessary to facilitate the inserting ‘‘2003 through 2023’’; and Notwithstanding any other provision of (B) by inserting ‘‘Funds may be appro- movement of gasoline and gasoline feed- law, there is authorized to be appropriated to stocks among different regions throughout priated pursuant to this subsection to re- the Administrator of the Environmental main available until expended.’’ after ‘‘pur- the country and to improve the ability of pe- Protection Agency from the Leaking Under- troleum refiners and importers to respond to poses of this section.’’. ground Storage Trust Fund not more than regional gasoline shortages and prevent un- SEC. 603. STUDY OF ETHANOL FROM SOLID $200,000,000 to be used for taking such action, reasonable short-term price increases. The WASTE LOAN GUARANTEE PRO- limited to assessment, corrective action, in- Administrator shall take into consideration GRAM. spection of underground storage tank sys- the extent to which such requirements have The Secretary of Energy shall conduct a tems, and groundwater monitoring in con- been, or will be, rendered unnecessary or in- study of the feasibility of providing guaran- nection with MTBE contamination, as the efficient by reason of subsequent environ- tees for loans by private banking and invest- Administrator deems necessary to protect mental safeguards that were not in effect at ment institutions for facilities for the proc- human health and the environment from re- the time the regulations in section 80.102 of essing and conversion of municipal solid leases of methyl tertiary butyl ether (MTBE) title 40 of the Code of Federal Regulations waste and sewage sludge into fuel ethanol were promulgated. The Administrator shall from underground storage tanks. and other commercial byproducts, and not propose and take final action in such rule- TITLE VI—RENEWABLE ENERGY later than 90 days after the date of the enact- making to ensure that any modifications are SEC. 601. ASSESSMENT OF RENEWABLE ENERGY ment of this Act shall transmit to the Con- effective and implemented at least 60 days RESOURCES. gress a report on the results of the study. prior to the beginning of the high ozone sea- (a) RESOURCE ASSESSMENT.—Not later than SEC. 604. STUDY OF RENEWABLE FUEL CONTENT. son for the year 2002. 1 year after the date of the enactment of this (a) STUDY.—The Administrator of the Envi- SEC. 503. BOUTIQUE FUELS. Act, and each year thereafter, the Secretary ronmental Protection Agency and the Sec- (a) JOINT STUDY.—The Administrator of of Energy shall publish an assessment by the retary of Energy shall jointly conduct a the Environmental Protection Agency and National Laboratories of all renewable en- study of the feasibility of developing a re- the Secretary of Energy shall jointly con- ergy resources available within the United quirement that motor vehicle fuel sold or in- duct a study of all Federal, State, and local States. troduced into commerce in the United States requirements regarding motor vehicle fuels, (b) CONTENTS OF REPORT.—The report pub- in calendar year 2002 or any calendar year including requirements relating to reformu- lished under subsection (a) shall contain thereafter by a refiner, blender, or importer lated gasoline, volatility (Reid Vapor Pres- each of the following: shall, on a 6-month average basis, be com- sure), oxygenated fuel, diesel fuel and other (1) A detailed inventory describing the prised of a quantity of renewable fuel, meas- requirements that vary from State to State, available amount and characteristics of ured in gasoline-equivalent gallons. As part region to region, or locality to locality. The solar, wind, biomass, geothermal, hydro- of this study, the Administrator and Sec- study shall analyze— electric and other renewable energy sources. retary shall evaluate the use of a banking S11808 CONGRESSIONAL RECORD — SENATE November 14, 2001 and trading credit system and the feasibility the reports under section 801(c) of the De- and advanced energy systems technologies and desirability of requiring an increasing partment of Energy Organization Act shall will help diversify the Nation’s energy port- percentage of renewable fuel to be phased in include a specification of what legislative or folio with few adverse environmental im- over a 15-year period. administrative actions must be implemented pacts and are vital to delivering clean energy (b) REPORT TO CONGRESS.—Not later than 6 to meet this goal and set forth a range of op- to fuel the Nation’s economic growth; months after the date of the enactment of tions and alternatives with a cost/benefit (6) development of reliable, affordable, and this Act, the Administrator and the Sec- analysis for each option or alternative to- environmentally sound energy efficiency retary shall transmit to the Congress a re- gether with an estimate of the contribution technologies, renewable and alternative en- port on the results of the study conducted each option or alternative could make to re- ergy technologies, and advanced energy sys- under this section. duce foreign oil imports. The Secretary shall tems technologies will require maintenance of a vibrant fundamental scientific knowl- TITLE VII—PIPELINES solicit information from the public and re- edge base and continued scientific and tech- SEC. 701. PROHIBITION ON CERTAIN PIPELINE quest information from the Energy Informa- tion Agency and other agencies to develop nological innovations that can be acceler- ROUTE. ated by Federal funding, whereas commer- No license, permit, lease, right-of-way, au- the information required under this section. The information shall indicate, in detail, op- cial deployment of such systems and tech- thorization or other approval required under nologies are the responsibility of the private Federal law for the construction of any pipe- tions and alternatives to— (1) increase the use of renewable domestic sector; line to transport natural gas from lands (7) Federal funding should focus on those energy sources, including conventional and within the Prudhoe Bay oil and gas lease programs, projects, and activities that are nonconventional sources; area may be granted for any pipeline that long-term, high-risk, noncommercial, and (2) conserve energy resources, including follows a route that traverses— well-managed, and that provide the potential improving efficiencies and decreasing con- (1) the submerged lands (as defined by the for scientific and technological advances; Submerged Lands Act) beneath, or the adja- sumption; and and cent shoreline of, the Beaufort Sea; and (3) increase domestic production and use of (8) public-private partnerships should be (2) enters Canada at any point north of 68 oil, natural gas, nuclear, and coal, including encouraged to leverage scarce taxpayer dol- degrees North latitude. any actions necessary to provide access to, lars. and transportation of, these energy re- SEC. 702. HISTORIC PIPELINES. SEC. 2003. PURPOSES. Section 7 of the Natural Gas Act (15 U.S.C. sources. The purposes of this division are to— 717(f)) is amended by adding at the end the SEC. 803. STUDY OF AIRCRAFT EMISSIONS. (1) protect and strengthen the Nation’s following new subsection: The Secretary of Transportation and the economy, standard of living, and national se- ‘‘(i) Notwithstanding the National Historic Administrator of the Environmental Protec- curity by reducing dependence on imported Preservation Act, a transportation facility tion Agency shall jointly commence a study energy; shall not be eligible for inclusion on the Na- within 60 days after the enactment of this (2) meet future needs for energy services at tional Register of Historic Places unless— Act to investigate the impact of aircraft the lowest total cost to the Nation, includ- ‘‘(1) the Commission has permitted the emissions on air quality in areas that are ing environmental costs, giving balanced and abandonment of the transportation facility considered to be in nonattainment for the comprehensive consideration to technologies pursuant to subsection (b) of this section, or national ambient air quality standard for that improve the efficiency of energy end ‘‘(2) the owner of the facility has given ozone. As part of this study, the Secretary uses and that enhance energy supply; written consent to such eligibility. and the Administrator shall focus on the im- (3) reduce the air, water, and other envi- pact of emissions by aircraft idling at air- ronmental impacts (including emissions of Any transportation facility deemed eligible greenhouse gases) of energy production, dis- for inclusion on the National Register of His- ports and on the contribution of such emis- sions as a percentage of total emissions in tribution, transportation, and use through toric Places prior to the date of the enact- the development of environmentally sustain- ment of this subsection shall no longer be el- the nonattainment area. Within 180 days of the commencement of the study, the Sec- able energy systems; igible unless the owner of the facility gives (4) consider the comparative environ- retary and the Administrator shall submit a written consent to such eligibility.’’. mental impacts of the energy saved or pro- report to the Committees on Energy and TITLE VIII—MISCELLANEOUS duced by specific programs, projects, or ac- Commerce and Transportation and Infra- PROVISIONS tivities; structure of the United States House of Rep- (5) maintain the technological competi- SEC. 801. WASTE REDUCTION AND USE OF ALTER- resentatives and to the Committees on Envi- NATIVES. tiveness of the United States and stimulate ronment and Public Works and Commerce, economic growth through the development (a) GRANT AUTHORITY.—The Secretary of Science, and Transportation of the United Energy is authorized to make a single grant of advanced energy systems and tech- States Senate containing the results of the nologies; to a qualified institution to examine and de- study and recommendations with respect to velop the feasibility of burning post-con- (6) foster international cooperation by de- a plan to maintain comprehensive data on veloping international markets for domesti- sumer carpet in cement kilns as an alter- aircraft emissions and methods by which native energy source. The purposes of the cally produced sustainable energy tech- such emissions may be reduced, without in- nologies, and by transferring environ- grant shall include determining— creasing individual aircraft noise, in order to (1) how post-consumer carpet can be mentally sound, advanced energy systems assist in the attainment of the national am- burned without disrupting kiln operations; and technologies to developing countries to bient air quality standards. (2) the extent to which overall kiln emis- promote sustainable development; (7) provide sufficient funding of programs, sions may be reduced; and DIVISION B projects, and activities that are perform- (3) how this process provides benefits to SEC. 2001. SHORT TITLE. both cement kiln operations and carpet sup- This division may be cited as the ‘‘Com- ance-based and modeled as public-private pliers. prehensive Energy Research and Technology partnerships, as appropriate; and (8) enhance the contribution of a given pro- (b) QUALIFIED INSTITUTION.—For the pur- Act of 2001’’. gram, project, or activity to fundamental poses of subsection (a), a qualified institu- SEC. 2002. FINDINGS. scientific knowledge. tion is a research-intensive institution of The Congress finds that— SEC. 2004. GOALS. higher learning with demonstrated expertise (1) the Nation’s prosperity and way of life (a) IN GENERAL.—Subject to subsection (b), in the fields of fiber recycling and logistical are sustained by energy use; in order to achieve the purposes of this divi- modeling of carpet waste collection and (2) the growing imbalance between domes- sion under section 2003, the Secretary should preparation. tic energy production and consumption conduct a balanced energy research, develop- (c) AUTHORIZATION OF APPROPRIATIONS.— means that the Nation is becoming increas- ment, demonstration, and commercial appli- There are authorized to be appropriated to ingly reliant on imported energy, which has cation portfolio of programs guided by the the Secretary of Energy for carrying out this the potential to undermine the Nation’s following goals to meet the purposes of this section $275,000 for fiscal year 2002, to remain economy, standard of living, and national se- division under section 2003. available until expended. curity; (1) ENERGY CONSERVATION AND ENERGY SEC. 802. ANNUAL REPORT ON UNITED STATES (3) energy conservation and energy effi- EFFICIENCY— ENERGY INDEPENDENCE. ciency help maximize the use of available en- (A) For the Building Technology, State (a) REPORT.—The Secretary of Energy, in ergy resources, reduce energy shortages, and Community Sector, the program should consultation with the heads of other rel- lower the Nation’s reliance on energy im- develop technologies, housing components, evant Federal agencies, shall include in each ports, mitigate the impacts of high energy designs, and production methods that will, report under section 801(c) of the Depart- prices, and help protect the environment and by 2010— ment of Energy Organization Act a section public health; (i) reduce the monthly energy cost of new which evaluates the progress the United (4) development of a balanced portfolio of housing by 20 percent, compared to the cost States has made toward obtaining the goal domestic energy supplies will ensure that fu- as of the date of the enactment of this Act; of not more than 50 percent dependence on ture generations of Americans will have ac- (ii) cut the environmental impact and en- foreign oil sources by 2010. cess to the energy they need; ergy use of new housing by 50 percent, com- (b) ALTERNATIVES.—The information re- (5) energy efficiency technologies, renew- pared to the impact and use as of the date of quired under this section to be included in able and alternative energy technologies, the enactment of this Act; and November 14, 2001 CONGRESSIONAL RECORD — SENATE S11809 (iii) improve durability and reduce mainte- in lower grade areas to demonstrate the ben- provisions of subtitle A of title III of this di- nance costs by 50 percent compared to the efits of reservoir concepts to different condi- vision. durability and costs as of the date of the en- tions. (B) For fuel cycle research, development, actment of this Act. (D) For Hydropower, the program should and demonstration, the program should (B) For the Industry Sector, the program provide a new generation of turbine tech- carry out the provisions of subtitle B of title should, in cooperation with the affected in- nologies that will increase generating capac- III of this division. dustries, improve the energy intensity of the ity and will be less damaging to fish and (C) For the Nuclear Energy Research Ini- major energy-consuming industries by at aquatic ecosystems. tiative, the program should accomplish the least 25 percent by 2010, compared to the en- (E) For Concentrating Solar Power, the objectives of section 2341(b) of this Act. ergy intensity as of the date of the enact- program should strengthen ongoing research, (D) For the Nuclear Energy Plant Optimi- ment of this Act. development, and demonstration combining zation Program, the program should accom- (C) For Power Technologies, the program high-efficiency and high-temperature receiv- plish the objectives of section 2342(b) of this should, in cooperation with the affected ers with advanced thermal storage and power Act. industries— cycles, with the goal of making solar-only (E) For Nuclear Energy Technologies, the (i) develop a microturbine (40 to 300 kilo- power (including baseload solar power) wide- program should carry out the provisions of watt) that is more than 40 percent more effi- ly competitive with fossil fuel power by 2015. section 2343 of this Act. cient by 2006, and more than 50 percent more The program should limit or halt its re- (F) For Advanced Radioisotope Power Sys- efficient by 2010, compared to the efficiency search and development on power-tower and tems, the program should ensure that the as of the date of the enactment of this Act; power-trough technologies because further United States has adequate capability to and refinements to these concepts will not fur- power future satellite and space missions. (ii) develop advanced materials for com- ther their deployment, and should assess the (4) FOSSIL ENERGY.— bustion systems that reduce emissions of ni- market prospects for solar dish/engine tech- (A) For core fossil energy research and de- trogen oxides by 30 to 50 percent while in- nologies to determine whether continued re- velopment, the program should achieve the creasing efficiency 5 to 10 percent by 2007, search and development is warranted. goals outlined by the Department’s Vision 21 compared to such emissions as of the date of (F) For Photovoltaic Energy Systems, the Program. This research should address fuel- the enactment of this Act. program should pursue research, develop- flexible gasification and turbines, fuel cells, (D) For the Transportation Sector, the pro- ment, and demonstration that will, by 2005, advanced-combustion systems, advanced gram should, in cooperation with affected increase the efficiency of thin film modules fuels and chemicals, advanced modeling and industries— from the current 7 percent to 11 percent in systems analysis, materials and heat ex- (i) develop a production prototype pas- multi-million watt production; reduce the changers, environmental control tech- senger automobile that has fuel economy direct manufacturing cost of photovoltaic nologies, gas-stream purification, gas-sepa- equivalent to 80 miles per gallon of gasoline modules by 30 percent from the current $2.50 ration technology, and sequestration re- by 2004; per watt to $1.75 per watt by 2005; and estab- search and development focused on cost-ef- (ii) develop class 7 and 8 heavy duty trucks lish greater than a 20-year lifetime of photo- fective novel concepts for capturing, reusing and buses with ultra low emissions and the voltaic systems by improving the reliability or storing, or otherwise mitigating carbon ability to use an alternative fuel that has an and lifetime of balance-of-system compo- and other greenhouse gas emissions. average fuel economy equivalent to— nents and reducing recurring cost by 40 per- (B) For offshore oil and natural gas re- (I) 10 miles per gallon of gasoline by 2007; cent. The program’s top priority should be sources, the program should investigate and and the development of sound manufacturing develop technologies to— (II) 13 miles per gallon of gasoline by 2010; technologies for thin-film modules, and the (i) extract methane hydrates in coastal wa- (iii) develop a production prototype of a program should make a concerted effort to ters of the United States, in accordance with passenger automobile with zero equivalent integrate fundamental research and basic en- the provisions of the Methane Hydrate Re- emissions that has an average fuel economy gineering research. search and Development Act of 2000; and of 100 miles per gallon of gasoline by 2010; (G) For Solar Building Technology Re- (ii) develop natural gas and oil reserves in and search, the program should complete re- the ultra-deepwater of the Central and West- (iv) improve, by 2010, the average fuel econ- search and development on new polymers ern Gulf of Mexico. Research and develop- omy of trucks— and manufacturing processes to reduce the ment on ultra-deepwater resource recovery (I) in classes 1 and 2 by 300 percent; and cost of solar water heating by 50 percent by shall focus on improving the safety and effi- (II) in classes 3 through 6 by 200 percent, 2004, compared to the cost as of the date of ciency of such recovery and of sub-sea pro- compared to the fuel economy as of the date the enactment of this Act. duction technology used for such recovery, of the enactment of this Act. (H) For Wind Energy Systems, the program while lowering costs. (2) RENEWABLE ENERGY.— should reduce the cost of wind energy to (C) For transportation fuels, the program (A) For Hydrogen Research, to carry out three cents per kilowatt-hour at Class 6 (15 should support a comprehensive transpor- the Spark M. Matsunaga Hydrogen Research, miles-per-hour annual average) wind sites by tation fuels strategy to increase the price Development, and Demonstration Act of 2004, and 4 cents per kilowatt-hour in Class 4 elasticity of oil supply and demand by focus- 1990, as amended by subtitle A of title II of (13 miles-per-hour annual average) wind sites ing research on reducing the cost of pro- this division. by 2015, and further if required so that wind ducing transportation fuels from natural gas (B) For bioenergy: power can be widely competitive with fossil- and indirect liquefaction of coal. (i) The program should reduce the cost of fuel-based electricity in a restructured elec- (5) SCIENCE.—The Secretary, through the bioenergy relative to other energy sources to tric industry. Program research on advanced Office of Science, should— enable the United States to triple bioenergy wind turbine technology should focus on tur- (A) develop and maintain a robust portfolio use by 2010. bulent flow studies, durable materials to ex- of fundamental scientific and energy re- (ii) For biopower systems, the program tend turbine life, blade efficiency, and higher search, including High Energy and Nuclear should reduce the cost of such systems to en- efficiency operation in low quality wind re- Physics, Biological and Environmental Re- able commercialization of integrated power- gimes. search, Basic Energy Sciences (including Ma- generating technologies that employ gas tur- (I) For Electric Energy Systems and Stor- terials Sciences, Chemical Sciences, Engi- bines and fuel cells integrated with bio- age, including High Temperature Super- neering and Geosciences, and Energy Bio- energy gasifiers within 5 years after the date conducting Research and Development, En- sciences), Advanced Scientific Computing, of the enactment of this Act. ergy Storage Systems, and Transmission Re- Energy Research and Analysis, Multipro- (iii) For biofuels, the program should ac- liability, the program should develop high gram Energy Laboratories-Facilities Sup- celerate research, development, and dem- capacity superconducting transmission lines port, Fusion Energy Sciences, and Facilities onstration on advanced enzymatic hydrol- and generators, highly reliable energy stor- and Infrastructure; ysis technology for making ethanol from cel- age systems, and distributed generating sys- (B) maintain, upgrade, and expand, as ap- lulosic feedstock, with the goal that between tems to accommodate multiple types of en- propriate, and in accordance with the provi- 2010 and 2015 ethanol produced from energy ergy sources under common interconnect sions of this division, the scientific user fa- crops would be fully competitive in terms of standards. cilities maintained by the Office of Science, price with gasoline as a neat fuel, in either (J) For the International Renewable En- and ensure that they are an integral part of internal combustion engines or fuel cell ve- ergy and Renewable Energy Production In- the Department’s mission for exploring the hicles. centive programs, and Renewable Program frontiers of fundamental energy sciences; (C) For Geothermal Technology Develop- Support, the program should encourage the and ment, the program should focus on advanced commercial application of renewable energy (C) ensure that its fundamental energy concepts for the long term. The first priority technologies by developed and developing sciences programs, where appropriate, help should be high-grade enhanced geothermal countries, State and local governmental en- inform the applied research and development systems; the second priority should be lower tities and nonprofit electric cooperatives, programs of the Department. grade, hot dry rock, and geopressured sys- and by the competitive domestic market. (b) REVIEW AND ASSESSMENT.—The Sec- tems; and the third priority should be sup- (3) NUCLEAR ENERGY.— retary shall perform an assessment that es- port of field demonstrations of enhanced geo- (A) For university nuclear science and en- tablishes measurable cost and performance- thermal systems technology, including sites gineering, the program should carry out the based goals, or that modifies the goals under S11810 CONGRESSIONAL RECORD — SENATE November 14, 2001 subsection (a), as appropriate, for 2005, 2010, port describing the programs, projects, and (B) buses used for public transportation or 2015, and 2020 for each of the programs au- activities that would have been funded if the transportation to and from schools; thorized by this division that would enable proportions provided for in this division had (C) delivery vehicles for goods or services; each such program to meet the purposes of been maintained in the appropriations. The (D) ground support vehicles at public air- this division under section 2003. Such assess- amount appropriated for the program receiv- ports, including vehicles to carry baggage or ment shall be based on the latest scientific ing the highest percentage of its authorized push airplanes away from terminal gates; and technical knowledge, and shall also take funding for a fiscal year shall be used as the and into consideration, as appropriate, the com- baseline for calculating the proportional de- (E) motorized two-wheel bicycles, scooters, parative environmental impacts (including ficiencies of appropriations for other pro- or other vehicles for use by law enforcement emissions of greenhouse gases) of the energy grams in that fiscal year. personnel or other State or local government saved or produced by specific programs. TITLE I—ENERGY CONSERVATION AND or metropolitan transportation authority (c) CONSULTATION.—In establishing the ENERGY EFFICIENCY employees. measurable cost and performance-based (2) The acquisition of ultra-low sulfur die- Subtitle A—Alternative Fuel Vehicles goals under subsection (b), the Secretary sel vehicles. shall consult with the private sector, institu- SEC. 2101. SHORT TITLE. (3) Infrastructure necessary to directly tions of higher learning, national labora- This subtitle may be cited as the ‘‘Alter- support an alternative fuel vehicle project tories, environmental organizations, profes- native Fuel Vehicle Acceleration Act of funded by the grant, including fueling and sional and technical societies, and any other 2001’’. other support equipment. persons as the Secretary considers appro- SEC. 2102. DEFINITIONS. (4) Operation and maintenance of vehicles, priate. For the purposes of this subtitle, the fol- infrastructure, and equipment acquired as (d) SCHEDULE.—The Secretary shall— lowing definitions apply: part of a project funded by the grant. (1) issue and publish in the Federal Reg- (1) ALTERNATIVE FUEL VEHICLE.— (c) APPLICATIONS.— ister a set of draft measurable cost and per- (A) IN GENERAL.—Except as provided in (1) REQUIREMENTS.—The Secretary shall formance-based goals for the programs au- subparagraph (B), the term ‘‘alternative fuel issue requirements for applying for grants thorized by this division for public vehicle’’ means a motor vehicle that is under the pilot program. At a minimum, the comment— powered— Secretary shall require that applications be (A) in the case of a program established be- (i) in whole or in part by electricity, in- submitted by the head of a State or local fore the date of the enactment of this Act, cluding electricity supplied by a fuel cell; government or a metropolitan transpor- not later than 120 days after the date of the (ii) by liquefied natural gas; tation authority, or any combination there- enactment of this Act; and (iii) by compressed natural gas; of, and shall include— (B) in the case of a program not estab- (iv) by liquefied petroleum gas; (A) at least one project to enable pas- lished before the date of the enactment of (v) by hydrogen; sengers or goods to be transferred directly this Act, not later than 120 days after the (vi) by methanol or ethanol at no less than from one alternative fuel vehicle or ultra- date of establishment of the program; 85 percent by volume; or low sulfur diesel vehicle to another in a (2) not later than 60 days after the date of (vii) by propane. linked transportation system; (B) a description of the projects proposed publication under paragraph (1), after taking (B) EXCLUSIONS.—The term ‘‘alternative into consideration any public comments re- fuel vehicle’’ does not include— in the application, including how they meet ceived, transmit to the Congress and publish (i) any vehicle designed to operate solely the requirements of this subtitle; in the Federal Register the final measurable on gasoline or diesel derived from fossil (C) an estimate of the ridership or degree cost and performance-based goals; and fuels, regardless of whether it can also be op- of use of the projects proposed in the applica- (3) update all such cost and performance- erated on an alternative fuel; or tion; (D) an estimate of the air pollution emis- based goals on a biennial basis. (ii) any vehicle that the Secretary deter- sions reduced and fossil fuel displaced as a SEC. 2005. DEFINITIONS. mines, by rule, does not yield substantial en- result of the projects proposed in the appli- For purposes of this division, except as vironmental benefits over a vehicle oper- cation, and a plan to collect and disseminate otherwise provided— ating solely on gasoline or diesel derived environmental data, related to the projects (1) the term ‘‘Administrator’’ means the from fossil fuels. to be funded under the grant, over the life of Administrator of the Environmental Protec- (2) PILOT PROGRAM.—The term ‘‘pilot pro- the projects; tion Agency; gram’’ means the competitive grant program (E) a description of how the projects pro- (2) the term ‘‘appropriate congressional established under section 2103. posed in the application will be sustainable committees’’ means— (3) ULTRA-LOW SULFUR DIESEL VEHICLE.— without Federal assistance after the comple- (A) the Committee on Science and the The term ‘‘ultra-low sulfur diesel vehicle’’ tion of the term of the grant; Committee on Appropriations of the House means a vehicle powered by a heavy-duty (F) a complete description of the costs of of Representatives; and diesel engine that— each project proposed in the application, in- (B) the Committee on Energy and Natural (A) is fueled by diesel fuel which contains cluding acquisition, construction, operation, Resources and the Committee on Appropria- sulfur at not more than 15 parts per million; and maintenance costs over the expected life tions of the Senate; and of the project; (3) the term ‘‘Department’’ means the De- (B) emits not more than the lesser of— (G) a description of which costs of the partment of Energy; and (i) for vehicles manufactured in— projects proposed in the application will be (4) the term ‘‘Secretary’’ means the Sec- (I) model years 2001 through 2003, 3.0 grams supported by Federal assistance under this retary of Energy. per brake horsepower-hour of nonmethane subtitle; and SEC. 2006. AUTHORIZATIONS. hydrocarbons and oxides of nitrogen and .01 (H) documentation to the satisfaction of Authorizations of appropriations under grams per brake horsepower-hour of particu- the Secretary that diesel fuel containing sul- this division are for environmental research late matter; and fur at not more than 15 parts per million is and development, scientific and energy re- (II) model years 2004 through 2006, 2.5 available for carrying out the projects, and a search, development, and demonstration, and grams per brake horsepower-hour of non- commitment by the applicant to use such commercial application of energy technology methane hydrocarbons and oxides of nitro- fuel in carrying out the projects. programs, projects, and activities. gen and .01 grams per brake horsepower-hour (2) PARTNERS.—An applicant under para- SEC. 2007. BALANCE OF FUNDING PRIORITIES. of particulate matter; or graph (1) may carry out projects under the (a) SENSE OF CONGRESS.—It is the sense of (ii) the emissions of nonmethane hydro- pilot program in partnership with public and the Congress that the funding of the various carbons, oxides of nitrogen, and particulate private entities. programs authorized by titles I through IV matter of the best performing technology of (d) SELECTION CRITERIA.—In evaluating ap- of this division should remain in the same ultra-low sulfur diesel vehicles of the same plications under the pilot program, the Sec- proportion to each other as provided in this type that are commercially available. retary shall consider each applicant’s pre- division, regardless of the total amount of SEC. 2103. PILOT PROGRAM. vious experience with similar projects and funding made available for those programs. (a) ESTABLISHMENT.—The Secretary shall shall give priority consideration to applica- (b) REPORT TO CONGRESS.—If for fiscal year establish a competitive grant pilot program tions that— 2002, 2003, or 2004 the amounts appropriated to provide not more than 15 grants to State (1) are most likely to maximize protection in general appropriations Acts for the pro- governments, local governments, or metro- of the environment; grams authorized in titles I through IV of politan transportation authorities to carry (2) demonstrate the greatest commitment this division are not in the same proportion out a project or projects for the purposes de- on the part of the applicant to ensure fund- to one another as are the authorizations for scribed in subsection (b). ing for the proposed projects and the great- such programs in this division, the Secretary (b) GRANT PURPOSES.—Grants under this est likelihood that each project proposed in and the Administrator shall, within 60 days section may be used for the following pur- the application will be maintained or ex- after the date of the enactment of the last poses: panded after Federal assistance under this general appropriations Act appropriating (1) The acquisition of alternative fuel vehi- subtitle is completed; and amounts for such programs, transmit to the cles, including— (3) exceed the minimum requirements of appropriate congressional committees a re- (A) passenger vehicles; subsection (c)(1)(A). November 14, 2001 CONGRESSIONAL RECORD — SENATE S11811

(e) PILOT PROJECT REQUIREMENTS.— (1) Our ability to take advantage of our re- characterizing grid operations, including (1) MAXIMUM AMOUNT.—The Secretary shall newable, indigenous resources in a cost-ef- interconnection requirements; not provide more than $20,000,000 in Federal fective manner can be greatly advanced (4) precise resource assessment tools to assistance under the pilot program to any through systems that compensate for the map local resources for distributed power hy- applicant. intermittent nature of these resources brid systems; and (2) COST SHARING.—The Secretary shall not through distributed power hybrid systems. (5) a comprehensive research, development, provide more than 50 percent of the cost, in- (2) Distributed power hybrid systems can— demonstration, and commercial application curred during the period of the grant, of any (A) shelter consumers from temporary en- program to ensure the reliability, efficiency, project under the pilot program. ergy price volatility created by supply and and environmental integrity of distributed (3) MAXIMUM PERIOD OF GRANTS.—The Sec- demand mismatches; energy resources, focused on filling gaps in retary shall not fund any applicant under (B) increase the reliability of energy sup- distributed power hybrid systems tech- the pilot program for more than 5 years. ply; and nologies identified under subsection (a)(2), (4) DEPLOYMENT AND DISTRIBUTION.—The (C) address significant local differences in which may include— Secretary shall seek to the maximum extent power and economic development needs and (A) integration of a wide variety of ad- practicable to achieve nationwide deploy- resource availability that exist throughout vanced technologies into distributed power ment of alternative fuel vehicles through the the United States. hybrid systems; pilot program, and shall ensure a broad geo- (B) energy storage devices; (3) Realizing these benefits will require a (C) environmental control technologies; graphic distribution of project sites. concerted and integrated effort to remove (D) interconnection standards, protocols, (5) TRANSFER OF INFORMATION AND KNOWL- market barriers to adopting distributed and equipment; and EDGE.—The Secretary shall establish mecha- power hybrid systems by— (E) ancillary equipment for dispatch and nisms to ensure that the information and (A) developing the technological founda- control. knowledge gained by participants in the tion that enables designing, testing, certi- (c) IMPLEMENTATION AND INTEGRATION.— pilot program are transferred among the fying, and operating distributed power hy- The Secretary shall implement the strategy pilot program participants and to other in- brid systems; and transmitted under subsection (a) and the re- terested parties, including other applicants (B) providing the policy framework that search program under subsection (b)(5). Ac- that submitted applications. reduces such barriers. tivities pursuant to the strategy shall be in- (f) SCHEDULE.— (4) While many of the individual distrib- tegrated with other activities of the Depart- (1) PUBLICATION.—Not later than 3 months uted power hybrid systems components are ment’s Office of Power Technologies. after the date of the enactment of this Act, either available or under development in ex- SEC. 2124. HIGH POWER DENSITY INDUSTRY PRO- the Secretary shall publish in the Federal isting private and public sector programs, GRAM. Register, Commerce Business Daily, and the capabilities to integrate these compo- (a) IN GENERAL.—The Secretary shall de- elsewhere as appropriate, a request for appli- nents into workable distributed power hy- velop and implement a comprehensive re- cations to undertake projects under the pilot brid systems that maximize benefits to con- search, development, demonstration, and program. Applications shall be due within 6 sumers in a safe manner often are not coher- commercial application program to improve months of the publication of the notice. ently being addressed. energy efficiency, reliability, and environ- (2) SELECTION.—Not later than 6 months SEC. 2122. DEFINITIONS. mental responsibility in high power density after the date by which applications for For purposes of this subtitle— industries, such as data centers, server grants are due, the Secretary shall select by (1) the term ‘‘distributed power hybrid sys- farms, telecommunications facilities, and competitive, peer review all applications for tem’’ means a system using 2 or more dis- heavy industry. projects to be awarded a grant under the tributed power sources, operated together (b) AREAS.—In carrying out this section, pilot program. with associated supporting equipment, in- the Secretary shall consider technologies (g) LIMIT ON FUNDING.—The Secretary shall cluding storage equipment, and software nec- that provide— provide not less than 20 percent and not (1) significant improvement in efficiency of essary to provide electric power onsite and more than 25 percent of the grant funding high power density facilities, and in data and made available under this section for the ac- to an electric distribution system; and (2) the term ‘‘distributed power source’’ telecommunications centers, using advanced quisition of ultra-low sulfur diesel vehicles. means an independent electric energy source thermal control technologies; (2) significant improvements in air-condi- SEC. 2104. REPORTS TO CONGRESS. of usually 10 megawatts or less located close tioning efficiency in facilities such as data (a) INITIAL REPORT.—Not later than 2 to a residential, commercial, or industrial months after the date grants are awarded centers and telecommunications facilities; load center, including— (3) significant advances in peak load reduc- under this subtitle, the Secretary shall (A) reciprocating engines; transmit to the appropriate congressional tion; and (B) turbines; (4) advanced real time metering and load committees a report containing— (C) microturbines; (1) an identification of the grant recipients management and control devices. (D) fuel cells; (c) IMPLEMENTATION AND INTEGRATION.—Ac- and a description of the projects to be fund- (E) solar electric systems; ed; tivities pursuant to this program shall be in- (F) wind energy systems; tegrated with other activities of the Depart- (2) an identification of other applicants (G) biopower systems; that submitted applications for the pilot pro- ment’s Office of Power Technologies. (H) geothermal power systems; or SEC. 2125. MICRO-COGENERATION ENERGY TECH- gram; and (I) combined heat and power systems. (3) a description of the mechanisms used by NOLOGY. the Secretary to ensure that the information SEC. 2123. STRATEGY. The Secretary shall make competitive, and knowledge gained by participants in the (a) REQUIREMENT.—Not later than 1 year merit-based grants to consortia of private pilot program are transferred among the after the date of the enactment of this Act, sector entities for the development of micro- pilot program participants and to other in- the Secretary shall develop and transmit to cogeneration energy technology. The con- terested parties, including other applicants the Congress a distributed power hybrid sys- sortia shall explore the creation of small- that submitted applications. tems strategy showing— scale combined heat and power through the (b) EVALUATION.—Not later than 3 years (1) needs best met with distributed power use of residential heating appliances. There after the date of the enactment of this Act, hybrid systems configurations, especially are authorized to be appropriated to the Sec- and annually thereafter until the pilot pro- systems including one or more solar or re- retary $20,000,000 to carry out this section, to gram ends, the Secretary shall transmit to newable power sources; and remain available until expended. the appropriate congressional committees a (2) technology gaps and barriers (including SEC. 2126. PROGRAM PLAN. report containing an evaluation of the effec- barriers to efficient connection with the Within 4 months after the date of the en- tiveness of the pilot program, including an power grid) that hamper the use of distrib- actment of this Act, the Secretary, in con- assessment of the benefits to the environ- uted power hybrid systems. sultation with other appropriate Federal ment derived from the projects included in (b) ELEMENTS.—The strategy shall provide agencies, shall prepare and transmit to the the pilot program as well as an estimate of for development of— Congress a 5-year program plan to guide ac- the potential benefits to the environment to (1) system integration tools (including tivities under this subtitle. In preparing the be derived from widespread application of al- databases, computer models, software, sen- program plan, the Secretary shall consult ternative fuel vehicles and ultra-low sulfur sors, and controls) needed to plan, design, with appropriate representatives of the dis- diesel vehicles. build, and operate distributed power hybrid tributed energy resources, power trans- systems for maximum benefits; mission, and high power density industries SEC. 2105. AUTHORIZATION OF APPROPRIATIONS. (2) tests of distributed power hybrid sys- to prioritize appropriate program areas. The There are authorized to be appropriated to tems, power parks, and microgrids, including Secretary shall also seek the advice of utili- the Secretary $200,000,000 to carry out this field tests and cost-shared demonstrations ties, energy services providers, manufactur- subtitle, to remain available until expended. with industry; ers, institutions of higher learning, other ap- Subtitle B—Distributed Power Hybrid (3) design tools to characterize the benefits propriate State and local agencies, environ- Energy Systems of distributed power hybrid systems for con- mental organizations, professional and tech- SEC. 2121. FINDINGS. sumers, to reduce testing needs, to speed nical societies, and any other persons the The Congress makes the following findings: commercialization, and to generate data Secretary considers appropriate. S11812 CONGRESSIONAL RECORD — SENATE November 14, 2001

SEC. 2127. REPORT. of such lease arrangement for the batteries (b) REQUIREMENTS.—Not later than 3 Two years after date of the enactment of and associated equipment. months after the date of the enactment of this Act and at 2-year intervals thereafter, (c) SELECTION OF PROPOSALS.— this Act, the Secretary shall establish and the Secretary, jointly with other appropriate (1)(A) The Secretary shall, not later than 3 publish in the Federal register grant require- Federal agencies, shall transmit a report to months after the closing date established by ments on eligibility for assistance, and on Congress describing the progress made to the Secretary for receipt of proposals under implementation of the program established achieve the purposes of this subtitle. subsection (b), select at least 5 proposals to under subsection (a), including certification SEC. 2128. VOLUNTARY CONSENSUS STANDARDS. receive financial assistance under this sec- requirements to ensure compliance with this Not later than 2 years after the date of the tion. subtitle. enactment of this Act, the Secretary, in con- (B) No one project selected under this sec- (c) SOLICITATION.—Not later than 6 months sultation with the National Institute of tion shall receive more than 25 percent of the after the date of the enactment of this Act, Standards and Technology, shall work with funds authorized under this section. No more the Secretary shall solicit proposals for the Institute of Electrical and Electronic En- than 3 projects selected under this section grants under this section. gineers and other standards development or- shall demonstrate the same battery type. (d) ELIGIBLE RECIPIENTS.—A grant shall be ganizations toward the development of vol- (2) In selecting a proposal under this sec- awarded under this section only— untary consensus standards for distributed tion, the Secretary shall consider— (1) to a local governmental entity respon- energy systems for use in manufacturing and (A) the ability of the proposer to acquire sible for providing school bus service for one using equipment and systems for connection the batteries and associated equipment and or more public school systems; or with electric distribution systems, for ob- to successfully manage and conduct the dem- (2) jointly to an entity described in para- taining electricity from, or providing elec- onstration project, including the reporting graph (1) and a contracting entity that pro- tricity to, such systems. requirements set forth in paragraph (3)(B); vides school bus service to the public school system or systems. Subtitle C—Secondary Electric Vehicle (B) the geographic and climatic diversity of the projects selected; (e) TYPES OF GRANTS.— Battery Use (1) IN GENERAL.—Grants under this section (C) the long-term technical and competi- SEC. 2131. DEFINITIONS. shall be for the demonstration and commer- tive viability of the batteries to be used in For purposes of this subtitle, the term— cial application of technologies to facilitate the project and of the original manufacturer (1) ‘‘battery’’ means an energy storage de- the use of alternative fuel school buses and of such batteries; vice that previously has been used to provide ultra-low sulfur diesel school buses in lieu of motive power in a vehicle powered in whole (D) the suitability of the batteries for their intended uses; buses manufactured before model year 1977 or in part by electricity; and and diesel-powered buses manufactured be- (2) ‘‘associated equipment’’ means equip- (E) the technical performance of the bat- tery, including the expected additional use- fore model year 1991. ment located at the location where the bat- (2) NO ECONOMIC BENEFIT.—Other than the ful life and the battery’s ability to retain en- teries will be used that is necessary to en- receipt of the grant, a recipient of a grant ergy; able the use of the energy stored in the bat- under this section may not receive any eco- (F) the environmental effects of the use of teries. nomic benefit in connection with the receipt and disposal of the batteries proposed to be SEC. 2132. ESTABLISHMENT OF SECONDARY of the grant. used in the project selected; ELECTRIC VEHICLE BATTERY USE (3) PRIORITY OF GRANT APPLICATIONS.—The PROGRAM. (G) the extent of involvement of State or Secretary shall give priority to awarding (a) PROGRAM.—The Secretary shall estab- local government and other persons in the grants to applicants who can demonstrate lish and conduct a research, development, demonstration project and whether such in- the use of alternative fuel buses and ultra- and demonstration program for the sec- volvement will— low sulfur diesel school buses in lieu of buses ondary use of batteries where the original (i) permit a reduction of the Federal cost manufactured before model year 1977. use of such batteries was in transportation share per project; or (f) CONDITIONS OF GRANT.—A grant pro- applications. Such program shall be— (ii) otherwise be used to allow the Federal vided under this section shall include the fol- (1) designed to demonstrate the use of bat- contribution to be provided to demonstrate a lowing conditions: teries in secondary application, including greater number of batteries; and (1) All buses acquired with funds provided utility and commercial power storage and (H) such other criteria as the Secretary under the grant shall be operated as part of power quality; considers appropriate. the school bus fleet for which the grant was (2) structured to evaluate the performance, (3) CONDITIONS.—The Secretary shall re- made for a minimum of 5 years. including longevity of useful service life and quire that— (2) Funds provided under the grant may costs, of such batteries in field operations, (A) as a part of a demonstration project, only be used— and evaluate the necessary supporting infra- the users of the batteries provide to the pro- (A) to pay the cost, except as provided in structure, including disposal and reuse of poser information regarding the operation, paragraph (3), of new alternative fuel school batteries; and maintenance, performance, and use of the buses or ultra-low sulfur diesel school buses, (3) coordinated with ongoing secondary batteries, and the proposer provide such in- including State taxes and contract fees; and battery use programs underway at the na- formation to the battery manufacturer, for 3 (B) to provide— tional laboratories and in industry. years after the beginning of the demonstra- (i) up to 10 percent of the price of the alter- (b) SOLICITATION.—(1) Not later than 6 tion project; native fuel buses acquired, for necessary al- months after the date of the enactment of (B) the proposer provide to the Secretary ternative fuel infrastructure if the infra- this Act, the Secretary shall solicit pro- such information regarding the operation, structure will only be available to the grant posals to demonstrate the secondary use of maintenance, performance, and use of the recipient; and batteries and associated equipment and sup- batteries as the Secretary may request dur- (ii) up to 15 percent of the price of the al- porting infrastructure in geographic loca- ing the period of the demonstration project; ternative fuel buses acquired, for necessary tions throughout the United States. The Sec- and alternative fuel infrastructure if the infra- retary may make additional solicitations for (C) the proposer provide at least 50 percent structure will be available to the grant re- proposals if the Secretary determines that of the costs associated with the proposal. cipient and to other bus fleets. (3) The grant recipient shall be required to such solicitations are necessary to carry out SEC. 2133. AUTHORIZATION OF APPROPRIATIONS. provide at least the lesser of 15 percent of this section. There are authorized to be appropriated to (2)(A) Proposals submitted in response to a the total cost of each bus received or $15,000 the Secretary, from amounts authorized solicitation under this section shall per bus. under section 2161(a), for purposes of this include— (4) In the case of a grant recipient receiv- (i) a description of the project, including subtitle— ing a grant to demonstrate ultra-low sulfur the batteries to be used in the project, the (1) $1,000,000 for fiscal year 2002; diesel school buses, the grant recipient shall proposed locations and applications for the (2) $7,000,000 for fiscal year 2003; and be required to provide documentation to the batteries, the number of batteries to be dem- (3) $7,000,000 for fiscal year 2004. satisfaction of the Secretary that diesel fuel onstrated, and the type, characteristics, and Such appropriations may remain available containing sulfur at not more than 15 parts estimated life-cycle costs of the batteries until expended. per million is available for carrying out the compared to other energy storage devices Subtitle D—Green School Buses purposes of the grant, and a commitment by the applicant to use such fuel in carrying out currently used; SEC. 2141. SHORT TITLE. (ii) the contribution, if any, of State or the purposes of the grant. This subtitle may be cited as the ‘‘Clean local governments and other persons to the (g) BUSES.—Funding under a grant made Green School Bus Act of 2001’’. demonstration project; under this section may be used to dem- (iii) the type of associated equipment to be SEC. 2142. ESTABLISHMENT OF PILOT PROGRAM. onstrate the use only of new alternative fuel demonstrated and the type of supporting in- (a) ESTABLISHMENT.—The Secretary shall school buses or ultra-low sulfur diesel school frastructure to be demonstrated; and establish a pilot program for awarding buses— (iv) any other information the Secretary grants on a competitive basis to eligible en- (1) with a gross vehicle weight of greater considers appropriate. tities for the demonstration and commercial than 14,000 pounds; (B) If the proposal includes a lease arrange- application of alternative fuel school buses (2) that are powered by a heavy duty en- ment, the proposal shall indicate the terms and ultra-low sulfur diesel school buses. gine; November 14, 2001 CONGRESSIONAL RECORD — SENATE S11813 (3) that, in the case of alternative fuel the Secretary shall transmit to the appro- and research organizations receiving a grant school buses, emit not more than— priate congressional committees a report under this section shall be conducted by a (A) for buses manufactured in model years that— committee appointed by the Secretary under 2001 and 2002, 2.5 grams per brake horse- (1) evaluates the process of converting nat- the Federal Advisory Committee Act (5 power-hour of nonmethane hydrocarbons and ural gas infrastructure to accommodate fuel U.S.C. App.), or, at the request of the Sec- oxides of nitrogen and .01 grams per brake cell-powered school buses; and retary, a committee appointed by the Na- horsepower-hour of particulate matter; and (2) assesses the results of the development tional Academies of Sciences and Engineer- (B) for buses manufactured in model years and demonstration program under this sec- ing. 2003 through 2006, 1.8 grams per brake horse- tion. (2) REQUIREMENTS.—Using clearly defined power-hour of nonmethane hydrocarbons and SEC. 2144. AUTHORIZATION OF APPROPRIATIONS. standards established by the Secretary, the oxides of nitrogen and .01 grams per brake There are authorized to be appropriated to review shall assess technology advances and horsepower-hour of particulate matter; and the Secretary for carrying out this subtitle, progress toward commercialization of the (4) that, in the case of ultra-low sulfur die- to remain available until expended— grant-related activities of firms or research sel school buses, emit not more than— (1) $40,000,000 for fiscal year 2002; organizations during each fiscal year of the (A) for buses manufactured in model years (2) $50,000,000 for fiscal year 2003; grant program. 2001 through 2003, 3.0 grams per brake horse- (3) $60,000,000 for fiscal year 2004; (c) TECHNICAL AND FINANCIAL ASSIST- power-hour of nonmethane hydrocarbons and (4) $70,000,000 for fiscal year 2005; and ANCE.—The national laboratories and other oxides of nitrogen and .01 grams per brake (5) $80,000,000 for fiscal year 2006. Federal agencies, as appropriate, shall co- horsepower-hour of particulate matter; and Subtitle E—Next Generation Lighting operate with and provide technical and fi- (B) for buses manufactured in model years Initiative nancial assistance to firms and research or- 2004 through 2006, 2.5 grams per brake horse- SEC. 2151. SHORT TITLE. ganizations conducting research, develop- power-hour of nonmethane hydrocarbons and This subtitle may be cited as ‘‘Next Gen- ment, and demonstration projects carried oxides of nitrogen and .01 grams per brake eration Lighting Initiative Act’’. out under this subtitle. horsepower-hour of particulate matter, ex- SEC. 2152. DEFINITION. Subtitle F—Department of Energy cept that under no circumstances shall buses Authorization of Appropriations be acquired under this section that emit non- In this subtitle, the term ‘‘Lighting Initia- methane hydrocarbons, oxides of nitrogen, or tive’’ means the ‘‘Next Generation Lighting SEC. 2161. AUTHORIZATION OF APPROPRIATIONS. particulate matter at a rate greater than the Initiative’’ established under section 2153(a). (a) OPERATION AND MAINTENANCE.—In addi- best performing technology of ultra-low sul- SEC. 2153. NEXT GENERATION LIGHTING INITIA- tion to amounts authorized to be appro- fur diesel school buses commercially avail- TIVE. priated under section 2105, section 2125, and able at the time the grant is made. (a) ESTABLISHMENT.—The Secretary is au- section 2144, there are authorized to be ap- (h) DEPLOYMENT AND DISTRIBUTION.—The thorized to establish a lighting initiative to propriated to the Secretary for subtitle B, Secretary shall seek to the maximum extent be known as the ‘‘Next Generation Lighting subtitle C, subtitle E, and for Energy Con- practicable to achieve nationwide deploy- Initiative’’ to research, develop, and conduct servation operation and maintenance (in- ment of alternative fuel school buses demonstration activities on advanced light- cluding Building Technology, State and through the program under this section, and ing technologies, including white light emit- Community Sector (Nongrants), Industry shall ensure a broad geographic distribution ting diodes. Sector, Transportation Sector, Power Tech- of grant awards, with a goal of no State re- (b) RESEARCH OBJECTIVES.—The research nologies, and Policy and Management) ceiving more than 10 percent of the grant objectives of the Lighting Initiative shall be $625,000,000 for fiscal year 2002, $700,000,000 for funding made available under this section to develop, by 2011, advanced lighting tech- fiscal year 2003, and $800,000,000 for fiscal for a fiscal year. nologies that, compared to incandescent and year 2004, to remain available until ex- (i) LIMIT ON FUNDING.—The Secretary shall fluorescent lighting technologies as of the pended. provide not less than 20 percent and not date of the enactment of this Act, are— (b) LIMITS ON USE OF FUNDS.—None of the more than 25 percent of the grant funding (1) longer lasting; funds authorized to be appropriated in sub- made available under this section for any fis- (2) more energy-efficient; and section (a) may be used for— cal year for the acquisition of ultra-low sul- (3) cost-competitive. (1) Building Technology, State and Com- fur diesel school buses. SEC. 2154. STUDY. munity Sector— (A) Residential Building Energy Codes; (j) DEFINITIONS.—For purposes of this (a) IN GENERAL.—Not later than 6 months (B) Commercial Building Energy Codes; section— after the date of the enactment of this Act, (C) Lighting and Appliance Standards; (1) the term ‘‘alternative fuel school bus’’ the Secretary, in consultation with other (D) Weatherization Assistance Program; or means a bus powered substantially by elec- Federal agencies, as appropriate, shall com- plete a study on strategies for the develop- (E) State Energy Program; or tricity (including electricity supplied by a (2) Federal Energy Management Program. fuel cell), or by liquefied natural gas, com- ment and commercial application of ad- pressed natural gas, liquefied petroleum gas, vanced lighting technologies. The Secretary Subtitle G—Environmental Protection Agen- hydrogen, propane, or methanol or ethanol shall request a review by the National Acad- cy Office of Air and Radiation Authoriza- at no less than 85 percent by volume; and emies of Sciences and Engineering of the tion of Appropriations (2) the term ‘‘ultra-low sulfur diesel school study under this subsection, and shall trans- SEC. 2171. SHORT TITLE. bus’’ means a school bus powered by diesel mit the results of the study to the appro- This subtitle may be cited as the ‘‘Envi- fuel which contains sulfur at not more than priate congressional committees. ronmental Protection Agency Office of Air 15 parts per million. (b) REQUIREMENTS.—The study shall— and Radiation Authorization Act of 2001’’. SEC. 2143. FUEL CELL BUS DEVELOPMENT AND (1) develop a comprehensive strategy to SEC. 2172. AUTHORIZATION OF APPROPRIATIONS. DEMONSTRATION PROGRAM. implement the Lighting Initiative; and There are authorized to be appropriated to (a) ESTABLISHMENT OF PROGRAM.—The Sec- (2) identify the research and development, the Administrator for Office of Air and Radi- retary shall establish a program for entering manufacturing, deployment, and marketing ation Climate Change Protection Programs into cooperative agreements with private barriers that must be overcome to achieve a $121,942,000 for fiscal year 2002, $126,800,000 for sector fuel cell bus developers for the devel- goal of a 25 percent market penetration by fiscal year 2003, and $131,800,000 for fiscal opment of fuel cell-powered school buses, advanced lighting technologies into the in- year 2004 to remain available until expended, and subsequently with not less than 2 units candescent and fluorescent lighting market of which— of local government using natural gas-pow- by the year 2012. (1) $52,731,000 for fiscal year 2002, $54,800,000 ered school buses and such private sector (c) IMPLEMENTATION.—As soon as prac- for fiscal year 2003, and $57,000,000 for fiscal fuel cell bus developers to demonstrate the ticable after the review of the study under year 2004 shall be for Buildings; use of fuel cell-powered school buses. subsection (a) is transmitted to the Sec- (2) $32,441,000 for fiscal year 2002, $33,700,000 (b) COST SHARING.—The non-Federal con- retary by the National Academies of for fiscal year 2003, and $35,000,000 for fiscal tribution for activities funded under this sec- Sciences and Engineering, the Secretary year 2004 shall be for Transportation; tion shall be not less than— shall adapt the implementation of the Light- (3) $27,295,000 for fiscal year 2002, $28,400,000 (1) 20 percent for fuel infrastructure devel- ing Initiative taking into consideration the for fiscal year 2003, and $29,500,000 for fiscal opment activities; and recommendations of the National Academies year 2004 shall be for Industry; (2) 50 percent for demonstration activities of Sciences and Engineering. (4) $1,700,000 for fiscal year 2002, $1,800,000 and for development activities not described SEC. 2155. GRANT PROGRAM. for fiscal year 2003, and $1,900,000 for fiscal in paragraph (1). (a) IN GENERAL.—Subject to section 2603 of year 2004 shall be for Carbon Removal; (c) FUNDING.—No more than $25,000,000 of this Act, the Secretary may make merit- (5) $2,500,000 for fiscal year 2002, $2,600,000 the amounts authorized under section 2144 based competitive grants to firms and re- for fiscal year 2003, and $2,700,000 for fiscal may be used for carrying out this section for search organizations that conduct research, year 2004 shall be for State and Local Cli- the period encompassing fiscal years 2002 development, and demonstration projects re- mate; and through 2006. lated to advanced lighting technologies. (6) $5,275,000 for fiscal year 2002, $5,500,000 (d) REPORTS TO CONGRESS.—Not later than (b) ANNUAL REVIEW.— for fiscal year 2003, and $5,700,000 for fiscal 3 years after the date of the enactment of (1) IN GENERAL.—An annual independent re- year 2004 shall be for International Capacity this Act, and not later than October 1, 2006, view of the grant-related activities of firms Building. S11814 CONGRESSIONAL RECORD — SENATE November 14, 2001 SEC. 2173. LIMITS ON USE OF FUNDS. (2) In the computation of the 30–day period struction and retrofit, on the building enve- (a) PRODUCTION OR PROVISION OF ARTICLES under subsection (a), there shall be excluded lope and components; and OR SERVICES.—None of the funds authorized any day on which either House of Congress is (2) the collection and dissemination in a to be appropriated by this subtitle may be not in session because of an adjournment of usable form of research results and other used to produce or provide articles or serv- more than 3 days to a day certain. pertinent information to the design and con- ices for the purpose of selling the articles or (c) LIMITATIONS.—(1) In no event may the struction industry, government officials, and services to a person outside the Federal Gov- total amount of funds obligated pursuant to the general public. ernment, unless the Administrator deter- this subtitle exceed the total amount au- (c) NATIONAL BUILDING PERFORMANCE ADVI- mines that comparable articles or services thorized to be appropriated by this subtitle. SORY COMMITTEE.—A National Building Per- are not available from a commercial source (2) Funds appropriated pursuant to this formance Advisory Committee shall be es- in the United States. subtitle may not be used for an item for tablished to advise on creation of the plan, (b) REQUESTS FOR PROPOSALS.—None of the which Congress has declined to authorize review progress made under the plan, advise funds authorized to be appropriated by this funds. on any improvements that should be made to subtitle may be used by the Environmental SEC. 2177. BUDGET REQUEST FORMAT. the plan, and report to the Congress on ac- Protection Agency to prepare or initiate Re- The Administrator shall provide to the ap- tions that have been taken to advance the quests for Proposals for a program if the pro- propriate congressional committees, to be Nation’s capability in furtherance of the gram has not been authorized by Congress. transmitted at the same time as the Envi- plan. The members shall include representa- SEC. 2174. COST SHARING. ronmental Protection Agency’s annual budg- tives of a broad cross-section of interests (a) RESEARCH AND DEVELOPMENT.—Except et request submission, a detailed justifica- such as the research, technology transfer, ar- as otherwise provided in this subtitle, for re- tion for budget authorization for the pro- chitectural, engineering, and financial com- search and development programs carried grams, projects, and activities for which munities; materials and systems suppliers; out under this subtitle, the Administrator funds are authorized by this subtitle. Each State, county, and local governments; the shall require a commitment from non-Fed- such document shall include, for the fiscal residential, multifamily, and commercial eral sources of at least 20 percent of the cost year for which funding is being requested sectors of the construction industry; and the of the project. The Administrator may re- and for the 2 previous fiscal years— insurance industry. duce or eliminate the non-Federal require- (1) a description of, and funding requested (d) REPORT.—The Interagency Group shall, ment under this subsection if the Adminis- or allocated for, each such program, project, within 90 days after the end of each fiscal trator determines that the research and de- or activity; year, transmit a report to the Congress de- velopment is of a basic or fundamental na- (2) an identification of all recipients of scribing progress achieved during the pre- ture. funds to conduct such programs, projects, ceding fiscal year by government at all lev- (b) DEMONSTRATION AND COMMERCIAL AP- and activities; and els and by the private sector, toward imple- PLICATION.—Except as otherwise provided in (3) an estimate of the amounts to be ex- menting the plan developed under subsection this subtitle, the Administrator shall require pended by each recipient of funds identified (b), and including any amendments to the at least 50 percent of the costs directly and under paragraph (2). plan. SEC. 2178. OTHER PROVISIONS. specifically related to any demonstration or TITLE II—RENEWABLE ENERGY commercial application project under this (a) ANNUAL OPERATING PLAN AND RE- Subtitle A—Hydrogen subtitle to be provided from non-Federal PORTS.—The Administrator shall provide si- sources. The Administrator may reduce the multaneously to the Committee on Science SEC. 2201. SHORT TITLE. non-Federal requirement under this sub- of the House of Representatives— This subtitle may be cited as the ‘‘Robert section if the Administrator determines that (1) any annual operating plan or other S. Walker and George E. Brown, Jr. Hydro- the reduction is necessary and appropriate operational funding document, including any gen Energy Act of 2001’’. considering the technological risks involved additions or amendments thereto; and SEC. 2202. PURPOSES. (2) any report relating to the environ- in the project and is necessary to meet the Section 102(b) of the Spark M. Matsunaga mental research or development, scientific objectives of this subtitle. Hydrogen Research, Development, and Dem- or energy research, development, or dem- (c) CALCULATION OF AMOUNT.—In calcu- onstration Act of 1990 is amended to read as onstration, or commercial application of en- lating the amount of the non-Federal com- follows: ergy technology programs, projects, or ac- mitment under subsection (a) or (b), the Ad- ‘‘(b) PURPOSES.—The purposes of this Act tivities of the Environmental Protection ministrator may include personnel, services, are— equipment, and other resources. Agency, provided to any committee of Con- ‘‘(1) to direct the Secretary to conduct re- gress. SEC. 2175. LIMITATION ON DEMONSTRATION AND search, development, and demonstration ac- (b) NOTICE OF REORGANIZATION.—The Ad- COMMERCIAL APPLICATIONS OF EN- tivities leading to the production, storage, ministrator shall provide notice to the ap- ERGY TECHNOLOGY. transportation, and use of hydrogen for in- propriate congressional committees not The Administrator shall provide funding dustrial, commercial, residential, transpor- later than 15 days before any reorganization for scientific or energy demonstration or tation, and utility applications; of any environmental research or develop- commercial application of energy technology ‘‘(2) to direct the Secretary to develop a ment, scientific or energy research, develop- programs, projects, or activities of the Office program of technology assessment, informa- ment, or demonstration, or commercial ap- of Air and Radiation only for technologies or tion dissemination, and education in which plication of energy technology program, processes that can be reasonably expected to Federal, State, and local agencies, members project, or activity of the Office of Air and yield new, measurable benefits to the cost, of the energy, transportation, and other in- Radiation. efficiency, or performance of the technology dustries, and other entities may participate; or process. Subtitle H—National Building Performance and SEC. 2176. REPROGRAMMING. Initiative ‘‘(3) to develop methods of hydrogen pro- (a) AUTHORITY.—The Administrator may SEC. 2181. NATIONAL BUILDING PERFORMANCE duction that minimize adverse environ- use amounts appropriated under this subtitle INITIATIVE. mental impacts, with emphasis on efficient for a program, project, or activity other than (a) INTERAGENCY GROUP.—Not later than 3 and cost-effective production from renewable the program, project, or activity for which months after the date of the enactment of energy resources.’’. this Act, the Director of the Office of Science such amounts were appropriated only if— SEC. 2203. DEFINITIONS. and Technology Policy shall establish an (1) the Administrator has transmitted to Section 102(c) of the Spark M. Matsunaga Interagency Group responsible for the devel- the appropriate congressional committees a Hydrogen Research, Development, and Dem- opment and implementation of a National report described in subsection (b) and a pe- onstration Act of 1990 is amended— Building Performance Initiative to address riod of 30 days has elapsed after such com- (1) by redesignating paragraphs (1) through energy conservation and research and devel- mittees receive the report; (3) as paragraphs (2) through (4), respec- (2) amounts used for the program, project, opment and related issues. The National In- tively; and or activity do not exceed— stitute of Standards and Technology shall (2) by inserting before paragraph (2), as so (A) 105 percent of the amount authorized provide necessary administrative support for redesignated by paragraph (1) of this section, for the program, project, or activity; or the Interagency Group. the following new paragraph: (B) $250,000 more than the amount author- (b) PLAN.—Not later than 9 months after ‘‘(1) ‘‘advisory committee’’ means the advi- ized for the program, project, or activity, the date of the enactment of this Act, the sory committee established under section Interagency Group shall transmit to the whichever is less; and 108;’’. (3) the program, project, or activity has Congress a multiyear implementation plan been presented to, or requested of, the Con- describing the Federal role in reducing the SEC. 2204. REPORTS TO CONGRESS. gress by the Administrator. costs, including energy costs, of using, own- Section 103 of the Spark M. Matsunaga Hy- (b) REPORT.—(1) The report referred to in ing, and operating commercial, institu- drogen Research, Development, and Dem- subsection (a) is a report containing a full tional, residential, and industrial buildings onstration Act of 1990 is amended to read as and complete statement of the action pro- by 30 percent by 2020. The plan shall follows: posed to be taken and the facts and cir- include— ‘‘SEC. 103. REPORTS TO CONGRESS. cumstances relied upon in support of the pro- (1) research, development, and demonstra- ‘‘(a) REQUIREMENT.—Not later than 1 year posed action. tion of systems and materials for new con- after the date of the enactment of the Robert November 14, 2001 CONGRESSIONAL RECORD — SENATE S11815 S. Walker and George E. Brown, Jr. Hydro- essary to support the research and develop- carrying out the Secretary’s authorities pur- gen Energy Act of 2001, and biennially there- ment activities authorized under this section suant to this Act.’’. after, the Secretary shall transmit to Con- and other efforts authorized under this Act, SEC. 2209. ADVISORY COMMITTEE. gress a detailed report on the status and consistent with section 106 of this Act. Section 108 of the Spark M. Matsunaga Hy- progress of the programs and activities au- ‘‘(e) COMPETITIVE PEER REVIEW.—The Sec- drogen Research, Development, and Dem- thorized under this Act. retary shall carry out or fund research and onstration Act of 1990 is amended to read as ‘‘(b) CONTENTS.—A report under subsection development activities under this section follows: (a) shall include, in addition to any views only on a competitive basis using peer re- ‘‘SEC. 108. ADVISORY COMMITTEE. and recommendations of the Secretary— view. ‘‘(a) ESTABLISHMENT.—The Secretary shall ‘‘(1) an assessment of the extent to which ‘‘(f) COST SHARING.—For research and de- enter into appropriate arrangements with the program is meeting the purposes speci- velopment programs carried out under this the National Academies of Sciences and En- fied in section 102(b); section, the Secretary shall require a com- gineering to establish an advisory com- ‘‘(2) a determination of the effectiveness of mitment from non-Federal sources of at mittee consisting of experts drawn from do- the technology assessment, information dis- least 20 percent of the cost of the project. mestic industry, academia, Governmental semination, and education program estab- The Secretary may reduce or eliminate the laboratories, and financial, environmental, lished under section 106; non-Federal requirement under this sub- and other organizations, as appropriate, to ‘‘(3) an analysis of Federal, State, local, section if the Secretary determines that the review and advise on the progress made and private sector hydrogen-related re- research and development is of a basic or through the programs and activities author- search, development, and demonstration ac- fundamental nature.’’. ized under this Act. tivities to identify productive areas for in- SEC. 2206. DEMONSTRATIONS. ‘‘(b) COOPERATION.—The heads of Federal creased intergovernmental and private-pub- Section 105 of the Spark M. Matsunaga Hy- agencies shall cooperate with the advisory lic sector collaboration; and drogen Research, Development, and Dem- committee in carrying out this section and ‘‘(4) recommendations of the advisory com- onstration Act of 1990 is amended— shall furnish to the advisory committee such mittee for any improvements needed in the (1) in subsection (a), by striking ‘‘, pref- information as the advisory committee rea- programs and activities authorized by this erably in self-contained locations,’’; sonably deems necessary to carry out this Act.’’. (2) in subsection (b), by striking ‘‘at self- section. SEC. 2205. HYDROGEN RESEARCH AND DEVELOP- contained sites’’ and inserting ‘‘, which shall ‘‘(c) REVIEW.—The advisory committee MENT. include a fuel cell bus demonstration pro- shall review and make any necessary rec- Section 104 of the Spark M. Matsunaga Hy- gram to address hydrogen production, stor- ommendations to the Secretary on— drogen Research, Development, and Dem- age, and use in transit bus applications’’; and ‘‘(1) the implementation and conduct of onstration Act of 1990 is amended to read as (3) in subsection (c), by inserting ‘‘NON- programs and activities authorized under follows: FEDERAL FUNDING REQUIREMENT.—’’ after this Act; and ‘‘(2) the economic, technological, and envi- ‘‘SEC. 104. HYDROGEN RESEARCH AND DEVELOP- ‘‘(c)’’. ronmental consequences of the deployment MENT. SEC. 2207. TECHNOLOGY TRANSFER. of hydrogen production, storage, transpor- ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Section 106 of the Spark M. Matsunaga Hy- tation, and use systems. Secretary shall conduct a hydrogen research drogen Research, Development, and Dem- ‘‘(d) RESPONSIBILITIES OF THE SECRETARY.— and development program relating to pro- onstration Act of 1990 is amended to read as The Secretary shall consider, but need not duction, storage, transportation, and use of follows: adopt, any recommendations of the advisory hydrogen, with the goal of enabling the pri- ‘‘SEC. 106. TECHNOLOGY ASSESSMENT, INFORMA- committee under subsection (c). The Sec- vate sector to demonstrate the technical fea- TION DISSEMINATION, AND EDU- retary shall provide an explanation of the sibility of using hydrogen for industrial, CATION PROGRAM. reasons that any such recommendations will commercial, residential, transportation, and ‘‘(a) PROGRAM.—Secretary shall, in con- not be implemented and include such expla- utility applications. sultation with the advisory committee, con- nation in the report to Congress under sec- ‘‘(b) ELEMENTS.—In conducting the pro- duct a program designed to accelerate wider tion 103(a) of this Act.’’. gram authorized by this section, the Sec- application of hydrogen production, storage, retary shall— transportation, and use technologies, includ- SEC. 2210. AUTHORIZATION OF APPROPRIATIONS. Section 109 of the Spark M. Matsunaga Hy- ‘‘(1) give particular attention to developing ing application in foreign countries to in- drogen Research, Development, and Dem- an understanding and resolution of critical crease the global market for the tech- onstration Act of 1990 is amended to read as technical issues preventing the introduction nologies and foster global economic develop- follows: of hydrogen as an energy carrier into the ment without harmful environmental ef- marketplace; fects. ‘‘SEC. 109. AUTHORIZATION OF APPROPRIATIONS. ‘‘(2) initiate or accelerate existing research ‘‘(b) INFORMATION.—The Secretary, in car- ‘‘(a) RESEARCH AND DEVELOPMENT; ADVI- and development in critical technical issues rying out the program authorized by sub- SORY COMMITTEE.—There are authorized to that will contribute to the development of section (a), shall— be appropriated to the Secretary to carry more economical hydrogen production, stor- ‘‘(1) undertake an update of the inventory out sections 104 and 108— ‘‘(1) $40,000,000 for fiscal year 2002; age, transportation, and use, including crit- and assessment, required under section ‘‘(2) $45,000,000 for fiscal year 2003; 106(b)(1) of this Act as in effect before the ical technical issues with respect to produc- ‘‘(3) $50,000,000 for fiscal year 2004; tion (giving priority to those production date of the enactment of the Robert S. Walk- ‘‘(4) $55,000,000 for fiscal year 2005; and techniques that use renewable energy re- er and George E. Brown, Jr. Hydrogen En- ‘‘(5) $60,000,000 for fiscal year 2006. sources as their primary source of energy for ergy Act of 2001, of hydrogen technologies ‘‘(b) DEMONSTRATION.—There are author- hydrogen production), liquefaction, trans- and their commercial capability to economi- ized to be appropriated to the Secretary to mission, distribution, storage, and use (in- cally produce, store, transport, or use hydro- carry out section 105— cluding use of hydrogen in surface transpor- gen in industrial, commercial, residential, ‘‘(1) $20,000,000 for fiscal year 2002; tation); and transportation, and utility sector; and ‘‘(2) $25,000,000 for fiscal year 2003; ‘‘(3) survey private sector and public sector ‘‘(2) develop, with other Federal agencies ‘‘(3) $30,000,000 for fiscal year 2004; hydrogen research and development activi- as appropriate and industry, an information ‘‘(4) $35,000,000 for fiscal year 2005; and ties worldwide, and take steps to ensure that exchange program to improve technology ‘‘(5) $40,000,000 for fiscal year 2006.’’. research and development activities under transfer for hydrogen production, storage, SEC. 2211. REPEAL. this section do not— transportation, and use, which may consist (a) REPEAL.—Title II of the Hydrogen Fu- ‘‘(A) duplicate any available research and of workshops, publications, conferences, and ture Act of 1996 is repealed. development results; or a database for the use by the public and pri- (b) CONFORMING AMENDMENT.—Section 2 of ‘‘(B) displace or compete with the pri- vate sectors.’’. the Hydrogen Future Act of 1996 is amended vately funded hydrogen research and devel- SEC. 2208. COORDINATION AND CONSULTATION. by striking ‘‘titles II and III’’ and inserting opment activities of United States industry. Section 107 of the Spark M. Matsunaga Hy- ‘‘title III’’. ‘‘(c) EVALUATION OF TECHNOLOGIES.—The drogen Research, Development, and Dem- Subtitle B—Bioenergy Secretary shall evaluate, for the purpose of onstration Act of 1990 is amended— SEC. 2221. SHORT TITLE. determining whether to undertake or fund (1) by amending paragraph (1) of subsection This subtitle may be cited as the ‘‘Bio- research and development activities under (a) to read as follows: energy Act of 2001’’. this section, any reasonable new or improved ‘‘(1) shall establish a central point for the SEC. 2222. FINDINGS. technology that could lead or contribute to coordination of all hydrogen research, devel- Congress finds that bioenergy has poten- the development of economical hydrogen opment, and demonstration activities of the tial to help— production, storage, transportation, and use. Department; and’’; and (1) meet the Nation’s energy needs; ‘‘(d) RESEARCH AND DEVELOPMENT SUP- (2) by amending subsection (c) to read as (2) reduce reliance on imported fuels; PORT.—The Secretary is authorized to ar- follows: (3) promote rural economic development; range for tests and demonstrations and to ‘‘(c) CONSULTATION.—The Secretary shall (4) provide for productive utilization of ag- disseminate to researchers and developers consult with other Federal agencies as ap- ricultural residues and waste materials, and information, data, and other materials nec- propriate, and the advisory committee, in forestry residues and byproducts; and S11816 CONGRESSIONAL RECORD — SENATE November 14, 2001

(5) protect the environment. ment and control technologies, and tech- (2) RESOURCE ASSESSMENT.—Such report SEC. 2223. DEFINITIONS. nology transfer and education. shall include a detailed inventory describing For purposes of this subtitle— (b) TECHNOLOGY.—In carrying out this sub- the available amount and characteristics of (1) the term ‘‘bioenergy’’ means energy de- title, the Secretary may include research, solar, wind, biomass, geothermal, hydro- rived from any organic matter that is avail- development, and demonstration on and electric, and other renewable energy sources, able on a renewable or recurring basis, in- commercial application of improved trans- and an estimate of the costs needed to de- cluding agricultural crops and trees, wood mission technologies including the integra- velop each resource. The report shall also in- and wood wastes and residues, plants (includ- tion of the following technologies into im- clude such other information as the Sec- ing aquatic plants), grasses, residues, fibers, proved transmission systems: retary believes would be useful in siting re- and animal and other organic wastes; (1) High temperature superconductivity. newable energy generation, such as appro- (2) Advanced transmission materials. priate terrain, population and load centers, (2) the term ‘‘biofuels’’ includes liquid or (3) Self-adjusting equipment, processes, or nearby energy infrastructure, and location of gaseous fuels, industrial chemicals, or both; software for survivability, security, and fail- energy resources. (3) the term ‘‘biopower’’ includes the gen- ure containment. eration of electricity or process steam or (4) Enhancements of energy transfer over (3) AVAILABILITY.—The information and both; and existing lines. cost estimates in this report shall be updated (4) the term ‘‘integrated bioenergy re- (5) Any other infrastructure technologies, annually and made available to the public, search and development’’ includes biopower as appropriate. along with the data used to create the re- and biofuels applications. SEC. 2242. PROGRAM PLAN. port. SEC. 2224. AUTHORIZATION. Within 4 months after the date of the en- (4) SUNSET.—This subsection shall expire The Secretary is authorized to conduct en- actment of this Act, the Secretary, in con- at the end of fiscal year 2004. vironmental research and development, sci- sultation with other appropriate Federal (d) LIMITS ON USE OF FUNDS.—None of the entific and energy research, development, agencies, shall prepare and transmit to Con- funds authorized to be appropriated in sub- and demonstration, and commercial applica- gress a 5–year program plan to guide activi- section (a) may be used for— tion of energy technology programs, ties under this subtitle. In preparing the pro- (1) Departmental Energy Management Pro- projects, and activities related to bioenergy, gram plan, the Secretary shall consult with gram; or including biopower energy systems, biofuels appropriate representatives of the trans- (2) Renewable Indian Energy Resources. energy systems, and integrated bioenergy re- mission infrastructure systems industry to TITLE III—NUCLEAR ENERGY search and development. select and prioritize appropriate program Subtitle A—University Nuclear Science and SEC. 2225. AUTHORIZATION OF APPROPRIATIONS. areas. The Secretary shall also seek the ad- Engineering vice of utilities, energy services providers, (a) BIOPOWER ENERGY SYSTEMS.—There are SEC. 2301. SHORT TITLE. manufacturers, institutions of higher learn- authorized to be appropriated to the Sec- This subtitle may be cited as ‘‘Department retary for Biopower Energy Systems pro- ing, other appropriate State and local agen- cies, environmental organizations, profes- of Energy University Nuclear Science and grams, projects, and activities— Engineering Act’’. (1) $45,700,000 for fiscal year 2002; sional and technical societies, and any other (2) $52,500,000 for fiscal year 2003; persons as the Secretary considers appro- SEC. 2302. FINDINGS. (3) $60,300,000 for fiscal year 2004; priate. The Congress finds the following: (4) $69,300,000 for fiscal year 2005; and SEC. 2243. REPORT. (1) United States university nuclear (5) $79,600,000 for fiscal year 2006. Two years after the date of the enactment science and engineering programs are in a (b) BIOFUELS ENERGY SYSTEMS.—There are of this Act, and at 2–year intervals there- state of serious decline, with nuclear engi- authorized to be appropriated to the Sec- after, the Secretary, in consultation with neering enrollment at a 35–year low. Since retary for biofuels energy systems programs, other appropriate Federal agencies, shall 1980, the number of nuclear engineering uni- projects, and activities— transmit a report to Congress describing the versity programs has declined nearly 40 per- (1) $53,500,000 for fiscal year 2002; progress made to achieve the purposes of this cent, and over two-thirds of the faculty in (2) $61,400,000 for fiscal year 2003; subtitle and identifying any additional re- these programs are 45 years of age or older. (3) $70,600,000 for fiscal year 2004; sources needed to continue the development Also, since 1980, the number of university re- (4) $81,100,000 for fiscal year 2005; and and commercial application of transmission search and training reactors in the United (5) $93,200,000 for fiscal year 2006. infrastructure technologies. States has declined by over 50 percent. Most (c) INTEGRATED BIOENERGY RESEARCH AND Subtitle D—Department of Energy of these reactors were built in the late 1950s DEVELOPMENT.—There are authorized to be Authorization of Appropriations and 1960s with 30–year to 40–year operating appropriated to the Secretary for integrated licenses, and many will require relicensing SEC. 2261. AUTHORIZATION OF APPROPRIATIONS. bioenergy research and development pro- in the next several years. (a) OPERATION AND MAINTENANCE.—There grams, projects, and activities, $49,000,000 for (2) A decline in a competent nuclear work- are authorized to be appropriated to the Sec- each of the fiscal years 2002 through 2006. Ac- force, and the lack of adequately trained nu- retary for Renewable Energy operation and tivities funded under this subsection shall be clear scientists and engineers, will affect the maintenance, including activities under sub- coordinated with ongoing related programs ability of the United States to solve future title C, Geothermal Technology Develop- of other Federal agencies, including the nuclear waste storage issues, operate exist- ment, Hydropower, Concentrating Solar Plant Genome Program of the National ing and design future fission reactors in the Power, Photovoltaic Energy Systems, Solar Science Foundation. Of the funds authorized United States, respond to future nuclear Building Technology Research, Wind Energy under this subsection, at least $5,000,000 for events worldwide, help stem the prolifera- Systems, High Temperature Super- each fiscal year shall be for training and edu- tion of nuclear weapons, and design and op- conducting Research and Development, En- cation targeted to minority and social dis- erate naval nuclear reactors. ergy Storage Systems, Transmission Reli- advantaged farmers and ranchers. (3) The Department of Energy’s Office of ability, International Renewable Energy (d) INTEGRATED APPLICATIONS.—Amounts Nuclear Energy, Science and Technology, a Program, Renewable Energy Production In- authorized to be appropriated under this sub- principal Federal agency for civilian re- centive Program, Renewable Program Sup- title may be used to assist in the planning, search in nuclear science and engineering, is port, National Renewable Energy Labora- design, and implementation of projects to well suited to help maintain tomorrow’s tory, and Program Direction, and including convert rice straw and barley grain into human resource and training investment in amounts authorized under the amendment biopower or biofuels. the nuclear sciences and engineering. made by section 2210 and amounts authorized Subtitle C—Transmission Infrastructure under section 2225, $535,000,000 for fiscal year SEC. 2303. DEPARTMENT OF ENERGY PROGRAM. Systems 2002, $639,000,000 for fiscal year 2003, and (a) ESTABLISHMENT—The Secretary, SEC. 2241. TRANSMISSION INFRASTRUCTURE SYS- $683,000,000 for fiscal year 2004, to remain through the Office of Nuclear Energy, TEMS RESEARCH, DEVELOPMENT, available until expended. Science and Technology, shall support a pro- DEMONSTRATION, AND COMMER- (b) WAVE POWERED ELECTRIC GENERA- gram to maintain the Nation’s human re- CIAL APPLICATION. TION.—Within the amounts authorized to be source investment and infrastructure in the (a) IN GENERAL.—The Secretary shall de- appropriated to the Secretary under sub- nuclear sciences and engineering consistent velop and implement a comprehensive re- section (a), the Secretary shall carry out a with the Department’s statutory authorities search, development, demonstration, and research program, in conjunction with other related to civilian nuclear research, develop- commercial application program to ensure appropriate Federal agencies, on wave pow- ment, and demonstration and commercial the reliability, efficiency, and environmental ered electric generation. application of energy technology. integrity of electrical transmission systems. (c) ASSESSMENT OF RENEWABLE ENERGY RE- (b) DUTIES OF THE OFFICE OF NUCLEAR EN- Such program shall include advanced energy SOURCES.— ERGY, SCIENCE AND TECHNOLOGY.—In carrying technologies and systems, high capacity (1) IN GENERAL.—Using funds authorized in out the program under this subtitle, the Di- superconducting transmission lines and gen- subsection (a), of this section, the Secretary rector of the Office of Nuclear Energy, erators, advanced grid reliability and effi- shall transmit to the Congress, within 1 year Science and Technology shall— ciency technologies development, tech- after the date of the enactment of this Act, (1) develop a robust graduate and under- nologies contributing to significant load re- an assessment of all renewable energy re- graduate fellowship program to attract new ductions, advanced metering, load manage- sources available within the United States. and talented students; November 14, 2001 CONGRESSIONAL RECORD — SENATE S11817 (2) assist universities in recruiting and re- pended, for the purposes of carrying out this Science and Technology, shall conduct an taining new faculty in the nuclear sciences subtitle: advanced fuel recycling technology research and engineering through a Junior Faculty (1) $30,200,000 for fiscal year 2002. and development program to further the Research Initiation Grant Program; (2) $41,000,000 for fiscal year 2003. availability of proliferation-resistant fuel re- (3) maintain a robust investment in the (3) $47,900,000 for fiscal year 2004. cycling technologies as an alternative to fundamental nuclear sciences and engineer- (4) $55,600,000 for fiscal year 2005. aqueous reprocessing in support of evalua- (5) $64,100,000 for fiscal year 2006. ing through the Nuclear Engineering Edu- tion of alternative national strategies for (b) GRADUATE AND UNDERGRADUATE FEL- cation Research Program; spent nuclear fuel and the Generation IV ad- LOWSHIPS.—Of the funds authorized by sub- (4) encourage collaborative nuclear re- section (a), the following sums are author- vanced reactor concepts, subject to annual search among industry, national labora- ized to be appropriated to carry out section review by the Secretary’s Nuclear Energy tories, and universities through the Nuclear 2303(b)(1): Research Advisory Committee or other inde- Energy Research Initiative; (1) $3,000,000 for fiscal year 2002. pendent entity, as appropriate. (5) assist universities in maintaining reac- (2) $3,100,000 for fiscal year 2003. (b) REPORTS.—The Secretary shall report tor infrastructure; and (3) $3,200,000 for fiscal year 2004. on the activities of the advanced fuel recy- (6) support communication and outreach (4) $3,200,000 for fiscal year 2005. cling technology research and development related to nuclear science and engineering. (5) $3,200,000 for fiscal year 2006. program, as part of the Department’s annual (c) MAINTAINING UNIVERSITY RESEARCH AND (c) JUNIOR FACULTY RESEARCH INITIATION budget submission. TRAINING REACTORS AND ASSOCIATED INFRA- GRANT PROGRAM.—Of the funds authorized by (c) AUTHORIZATION OF APPROPRIATIONS.— STRUCTURE.—The Secretary, through the Of- subsection (a), the following sums are au- There are authorized to be appropriated to fice of Nuclear Energy, Science and Tech- thorized to be appropriated to carry out sec- the Secretary to carry out this section— nology, shall provide for the following uni- tion 2303(b)(2): (1) $10,000,000 for fiscal year 2002; and versity research and training reactor infra- (1) $5,000,000 for fiscal year 2002. (2) such sums as are necessary for fiscal structure maintenance and research activi- (2) $7,000,000 for fiscal year 2003. year 2003 and fiscal year 2004. ties: (3) $8,000,000 for fiscal year 2004. (4) $9,000,000 for fiscal year 2005. Subtitle C—Department of Energy (1) Refueling of university research reac- (5) $10,000,000 for fiscal year 2006. Authorization of Appropriations tors with low enriched fuels, upgrade of oper- (d) NUCLEAR ENGINEERING EDUCATION RE- SEC. 2341. NUCLEAR ENERGY RESEARCH INITIA- ational instrumentation, and sharing of re- SEARCH PROGRAM.—Of the funds authorized TIVE. actors among universities. by subsection (a), the following sums are au- (a) PROGRAM.—The Secretary, through the (2) In collaboration with the United States thorized to be appropriated to carry out sec- Office of Nuclear Energy, Science and Tech- nuclear industry, assistance, where nec- tion 2303(b)(3): nology, shall conduct a Nuclear Energy Re- essary, in relicensing and upgrading univer- (1) $8,000,000 for fiscal year 2002. search Initiative for grants to be competi- sity training reactors as part of a student (2) $12,000,000 for fiscal year 2003. tively awarded and subject to peer review for training program. (3) $13,000,000 for fiscal year 2004. research relating to nuclear energy. (3) A university reactor research and train- (4) $15,000,000 for fiscal year 2005. (b) OBJECTIVES.—The program shall be di- ing award program that provides for reactor (5) $20,000,000 for fiscal year 2006. rected toward accomplishing the objectives improvements as part of a focused effort that (e) COMMUNICATION AND OUTREACH RELATED of— emphasizes research, training, and edu- TO NUCLEAR SCIENCE AND ENGINEERING.—Of the funds authorized by subsection (a), the (1) developing advanced concepts and sci- cation. entific breakthroughs in nuclear fission and (d) UNIVERSITY-DOE LABORATORY INTER- following sums are authorized to be appro- reactor technology to address and overcome ACTIONS.—The Secretary, through the Office priated to carry out section 2303(b)(5): the principal technical and scientific obsta- of Nuclear Energy, Science and Technology, (1) $200,000 for fiscal year 2002. (2) $200,000 for fiscal year 2003. cles to the expanded use of nuclear energy in shall develop— (3) $300,000 for fiscal year 2004. the United States; (1) a sabbatical fellowship program for uni- (4) $300,000 for fiscal year 2005. (2) advancing the state of nuclear tech- versity faculty to spend extended periods of (5) $300,000 for fiscal year 2006. nology to maintain a competitive position in time at Department of Energy laboratories (f) REFUELING OF UNIVERSITY RESEARCH RE- foreign markets and a future domestic mar- in the areas of nuclear science and tech- ACTORS AND INSTRUMENTATION UPGRADES.—Of ket; nology; and the funds authorized by subsection (a), the (3) promoting and maintaining a United (2) a visiting scientist program in which following sums are authorized to be appro- States nuclear science and engineering infra- laboratory staff can spend time in academic priated to carry out section 2303(c)(1): structure to meet future technical chal- nuclear science and engineering depart- (1) $6,000,000 for fiscal year 2002. lenges; ments. (2) $6,500,000 for fiscal year 2003. (4) providing an effective means to collabo- The Secretary may under subsection (b)(1) (3) $7,000,000 for fiscal year 2004. (4) $7,500,000 for fiscal year 2005. rate on a cost-shared basis with inter- provide for fellowships for students to spend (5) $8,000,000 for fiscal year 2006. national agencies and research organizations time at Department of Energy laboratories (g) RELICENSING ASSISTANCE.—Of the funds to address and influence nuclear technology in the areas of nuclear science and tech- authorized by subsection (a), the following development worldwide; and nology under the mentorship of laboratory sums are authorized to be appropriated to (5) promoting United States leadership and staff. carry out section 2303(c)(2): partnerships in bilateral and multilateral (e) OPERATIONS AND MAINTENANCE.—To the (1) $1,000,000 for fiscal year 2002. nuclear energy research. extent that the use of a university research (2) $1,100,000 for fiscal year 2003. (c) AUTHORIZATION OF APPROPRIATIONS.— reactor is funded under this subtitle, funds (3) $1,200,000 for fiscal year 2004. There are authorized to be appropriated to authorized under this subtitle may be used (4) $1,300,000 for fiscal year 2005. the Secretary to carry out this section— to supplement operation of the research re- (5) $1,300,000 for fiscal year 2006. (1) $60,000,000 for fiscal year 2002; and actor during the investigator’s proposed ef- (h) REACTOR RESEARCH AND TRAINING (2) such sums as are necessary for fiscal fort. The host institution shall provide at AWARD PROGRAM.—Of the funds authorized year 2003 and fiscal year 2004. by subsection (a), the following sums are au- least 50 percent of the cost of the reactor’s SEC. 2342. NUCLEAR ENERGY PLANT OPTIMIZA- operation. thorized to be appropriated to carry out sec- TION PROGRAM. tion 2303(c)(3): (f) MERIT REVIEW REQUIRED.—All grants, (a) PROGRAM.—The Secretary, through the (1) $6,000,000 for fiscal year 2002. contracts, cooperative agreements, or other Office of Nuclear Energy, Science and Tech- financial assistance awards under this sub- (2) $10,000,000 for fiscal year 2003. (3) $14,000,000 for fiscal year 2004. nology, shall conduct a Nuclear Energy title shall be made only after independent (4) $18,000,000 for fiscal year 2005. Plant Optimization research and develop- merit review. (5) $20,000,000 for fiscal year 2006. ment program jointly with industry and (g) REPORT.—Not later than 6 months after (i) UNIVERSITY-DOE LABORATORY INTER- cost-shared by industry by at least 50 per- the date of the enactment of this Act, the ACTIONS.—Of the funds authorized by sub- cent and subject to annual review by the Secretary shall prepare and transmit to the section (a), the following sums are author- Secretary’s Nuclear Energy Research Advi- appropriate congressional committees a 5- ized to be appropriated to carry out section sory Committee or other independent entity, year plan on how the programs authorized in 2303(d): as appropriate. this subtitle will be implemented. The plan (1) $1,000,000 for fiscal year 2002. (b) OBJECTIVES.—The program shall be di- shall include a review of the projected per- (2) $1,100,000 for fiscal year 2003. rected toward accomplishing the objectives sonnel needs in the fields of nuclear science (3) $1,200,000 for fiscal year 2004. of— and engineering and of the scope of nuclear (4) $1,300,000 for fiscal year 2005. (1) managing long-term effects of compo- science and engineering education programs (5) $1,300,000 for fiscal year 2006. nent aging; and at the Department and other Federal agen- Subtitle B—Advanced Fuel Recycling Tech- (2) improving the efficiency and produc- cies. nology Research and Development Pro- tivity of existing nuclear power stations. SEC. 2304. AUTHORIZATION OF APPROPRIATIONS. gram (c) AUTHORIZATION OF APPROPRIATIONS.— (a) TOTAL AUTHORIZATION.—The following SEC. 2321. PROGRAM. There are authorized to be appropriated to sums are authorized to be appropriated to (a) IN GENERAL.—The Secretary, through the Secretary to carry out this section— the Secretary, to remain available until ex- the Director of the Office of Nuclear Energy, (1) $15,000,000 for fiscal year 2002; and S11818 CONGRESSIONAL RECORD — SENATE November 14, 2001 (2) such sums as are necessary for fiscal SEC. 2344. AUTHORIZATION OF APPROPRIATIONS. Subtitle B—Oil and Gas years 2003 and 2004. (a) OPERATION AND MAINTENANCE.—There SEC. 2421. PETROLEUM-OIL TECHNOLOGY. SEC. 2343. NUCLEAR ENERGY TECHNOLOGIES. are authorized to be appropriated to the Sec- The Secretary shall conduct a program of (a) IN GENERAL.—The Secretary, through retary to carry out activities authorized research, development, demonstration, and the Office of Nuclear Energy, Science and under this title for nuclear energy operation commercial application on petroleum-oil Technology, shall conduct a study of Genera- and maintenance, including amounts author- technology. The program shall address— tion IV nuclear energy systems, including ized under sections 2304(a), 2321(c), 2341(c), (1) Exploration and Production Supporting development of a technology roadmap and 2342(c), and 2343(e), and including Advanced Research; performance of research and development Radioisotope Power Systems, Test Reactor (2) Oil Technology Reservoir Management/ necessary to make an informed technical de- Landlord, and Program Direction, Extension; and cision regarding the most promising can- $191,200,000 for fiscal year 2002, $199,000,000 for (3) Effective Environmental Protection. didates for commercial application. fiscal year 2003, and $207,000,000 for fiscal SEC. 2422. NATURAL GAS. (b) REACTOR CHARACTERISTICS.—To the ex- year 2004, to remain available until ex- The Secretary shall conduct a program of tent practicable, in conducting the study pended. research, development, demonstration, and under subsection (a), the Secretary shall (b) CONSTRUCTION.—There are authorized to commercial application on natural gas tech- study nuclear energy systems that offer the be appropriated to the Secretary— nologies. The program shall address— highest probability of achieving the goals for (1) $950,000 for fiscal year 2002, $2,200,000 for (1) Exploration and Production; Generation IV nuclear energy systems, fiscal year 2003, $1,246,000 for fiscal year 2004, (2) Infrastructure; and including— and $1,699,000 for fiscal year 2005 for comple- (3) Effective Environmental Protection. tion of construction of Project 99–E–200, Test (1) economics competitive with any other SEC. 2423. NATURAL GAS AND OIL DEPOSITS RE- generators; Reactor Area Electric Utility Upgrade, Idaho PORT. (2) enhanced safety features, including pas- National Engineering and Environmental Two years after the date of the enactment sive safety features; Laboratory; and of this Act, and at 2–year intervals there- (3) substantially reduced production of (2) $500,000 for fiscal year 2002, $500,000 for after, the Secretary of the Interior, in con- high-level waste, as compared with the quan- fiscal year 2003, $500,000 for fiscal year 2004, sultation with other appropriate Federal tity of waste produced by reactors in oper- and $500,000 for fiscal year 2005, for comple- agencies, shall transmit a report to the Con- ation on the date of the enactment of this tion of construction of Project 95–E–201, Test gress assessing the contents of natural gas Act; Reactor Area Fire and Life Safety Improve- and oil deposits at existing drilling sites off (4) highly proliferation-resistant fuel and ments, Idaho National Engineering and Envi- the coast of Louisiana and Texas. waste; ronmental Laboratory. SEC. 2424. OIL SHALE RESEARCH. (5) sustainable energy generation including (c) LIMITS ON USE OF FUNDS.—None of the optimized fuel utilization; and funds authorized to be appropriated in sub- There are authorized to be appropriated to (6) substantially improved thermal effi- section (a) may be used for— the Secretary of Energy for fiscal year 2002 ciency, as compared with the thermal effi- (1) Nuclear Energy Isotope Support and $10,000,000, to be divided equally between ciency of reactors in operation on the date of Production; grants for research on Eastern oil shale and the enactment of this Act. (2) Argonne National Laboratory-West Op- grants for research on Western oil shale. (c) CONSULTATION.—In conducting the erations; Subtitle C—Ultra-Deepwater and study under subsection (a), the Secretary (3) Fast Flux Test Facility; or Unconventional Drilling shall consult with appropriate representa- (4) Nuclear Facilities Management. SEC. 2441. SHORT TITLE. tives of industry, institutions of higher edu- TITLE IV—FOSSIL ENERGY This subtitle may be cited as the ‘‘Natural cation, Federal agencies, and international, Subtitle A—Coal Gas and Other Petroleum Research, Develop- professional, and technical organizations. ment, and Demonstration Act of 2001’’. SEC. 2401. COAL AND RELATED TECHNOLOGIES (d) REPORT.— SEC. 2442. DEFINITIONS. (1) IN GENERAL.—Not later than December PROGRAMS. For purposes of this subtitle— 31, 2002, the Secretary shall transmit to the (a) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to (1) the term ‘‘deepwater’’ means water appropriate congressional committees a re- depths greater than 200 meters but less than port describing the activities of the Sec- the Secretary $172,000,000 for fiscal year 2002, $179,000,000 for fiscal year 2003, and 1,500 meters; retary under this section, and plans for re- (2) the term ‘‘Fund’’ means the Ultra-Deep- search and development leading to a public/ $186,000,000 for fiscal year 2004, to remain available until expended, for other coal and water and Unconventional Gas Research private cooperative demonstration of one or Fund established under section 2450; more Generation IV nuclear energy systems. related technologies research and develop- ment programs, which shall include— (3) the term ‘‘institution of higher edu- (2) CONTENTS.—The report shall contain— cation’’ has the meaning given that term in (A) an assessment of all available tech- (1) Innovations for Existing Plants; (2) Integrated Gasification Combined section 101 of the Higher Education Act of nologies; 1965 (20 U.S.C. 1001); (B) a summary of actions needed for the Cycle; (4) the term ‘‘Research Organization’’ most promising candidates to be considered (3) Advanced combustion systems; means the Research Organization created as viable commercial options within the five (4) Turbines; (5) Sequestration Research and Develop- pursuant to section 2446(a); to ten years after the date of the report, with (5) the term ‘‘ultra-deepwater’’ means consideration of regulatory, economic, and ment; (6) Innovative technologies for demonstra- water depths greater than 1,500 meters; and technical issues; (6) the term ‘‘unconventional’’ means lo- (C) a recommendation of not more than tion; (7) Transportation Fuels and Chemicals; cated in heretofore inaccessible or uneco- three promising Generation IV nuclear en- nomic formations on land. ergy system concepts for further develop- (8) Solid Fuels and Feedstocks; ment; (9) Advanced Fuels Research; and SEC. 2443. ULTRA-DEEPWATER PROGRAM. (D) an evaluation of opportunities for pub- (10) Advanced Research. The Secretary shall establish a program of lic/private partnerships; (b) LIMIT ON USE OF FUNDS.—Notwith- research, development, and demonstration of (E) a recommendation for structure of a standing subsection (a), no funds may be ultra-deepwater natural gas and other petro- public/private partnership to share in devel- used to carry out the activities authorized leum exploration and production tech- opment and construction costs; by this section after September 30, 2002, un- nologies, in areas currently available for (F) a plan leading to the selection and con- less the Secretary has transmitted to the Outer Continental Shelf leasing. The pro- ceptual design, by September 30, 2004, of at Congress the report required by this sub- gram shall be carried out by the Research least one Generation IV nuclear energy sys- section and 1 month has elapsed since that Organization as provided in this subtitle. tem concept recommended under subpara- transmission. The report shall include a plan SEC. 2444. NATIONAL ENERGY TECHNOLOGY LAB- graph (C) for demonstration through a pub- containing— ORATORY. lic/private partnership; (1) a detailed description of how proposals The National Energy Technology Labora- (G) an evaluation of opportunities for will be solicited and evaluated, including a tory and the United States Geological Sur- siting demonstration facilities on Depart- list of all activities expected to be under- vey, when appropriate, shall carry out pro- ment of Energy land; and taken; grams of long-term research into new nat- (H) a recommendation for appropriate in- (2) a detailed list of technical milestones ural gas and other petroleum exploration volvement of other Federal agencies. for each coal and related technology that and production technologies and environ- (e) AUTHORIZATION OF APPROPRIATIONS.— will be pursued; mental mitigation technologies for produc- There are authorized to be appropriated to (3) a description of how the programs au- tion from unconventional and ultra-deep- the Secretary to carry out this section and thorized in this section will be carried out so water resources, including methane hy- to carry out the recommendations in the re- as to complement and not duplicate activi- drates. Such Laboratory shall also conduct a port transmitted under subsection (d)— ties authorized under division E. program of research, development, and dem- (1) $20,000,000 for fiscal year 2002; and (c) GASIFICATION.—The Secretary shall onstration of new technologies for the reduc- (2) such sums as are necessary for fiscal fund at least one gasification project with tion of greenhouse gas emissions from un- year 2003 and fiscal year 2004. the funds authorized under this section. conventional and ultra-deepwater natural November 14, 2001 CONGRESSIONAL RECORD — SENATE S11819

gas or other petroleum exploration and pro- (1) UNCONVENTIONAL.—The Research Orga- propriate Federal and State technology enti- duction activities, including sub-sea floor nization shall award grants for research, de- ties to ensure the greatest possible benefits carbon sequestration technologies. velopment, and demonstration of tech- for the public and use of government re- SEC. 2445. ADVISORY COMMITTEE. nologies to maximize the value of the Gov- sources. (a) ESTABLISHMENT.—The Secretary shall, ernment’s natural gas and other petroleum (7) Demonstrations of ultra-deepwater within 3 months after the date of the enact- resources in unconventional reservoirs, and technologies for which funds are provided ment of this Act, establish an Advisory Com- to develop technologies to increase the sup- under a grant may be conducted in ultra- mittee consisting of 7 members, each having ply of natural gas and other petroleum re- deepwater or deepwater locations. extensive operational knowledge of and expe- sources by lowering the cost and improving (c) ALLOCATION OF FUNDS.—Funds available rience in the natural gas and other petro- the efficiency of exploration and production for grants under this subtitle shall be allo- leum exploration and production industry of unconventional reservoirs, while improv- cated as follows: who are not Federal Government employees ing safety and minimizing environmental (1) 15 percent shall be for grants under sub- or contractors. A minimum of 4 members impacts. section (a)(1). shall have extensive knowledge of ultra- (2) ULTRA-DEEPWATER.—The Research Or- (2) 15 percent shall be for grants under sub- deepwater natural gas or other petroleum ex- ganization shall award grants for research, section (a)(2). ploration and production technologies, a development, and demonstration of natural (3) 60 percent shall be for grants under sub- minimum of 2 members shall have extensive gas or other petroleum exploration and pro- section (a)(3). knowledge of unconventional natural gas or duction technologies to— (4) 10 percent shall be for carrying out sec- other petroleum exploration and production (A) maximize the value of the Federal Gov- tion 2444. technologies, and at least 1 member shall ernment’s natural gas and other petroleum SEC. 2448. PLAN AND FUNDING. have extensive knowledge of greenhouse gas resources in the ultra-deepwater areas; (a) TRANSMITTAL TO SECRETARY.—The Re- emission reduction technologies, including (B) increase the supply of natural gas and search Organization shall transmit to the carbon sequestration. other petroleum resources by lowering the Secretary an annual plan proposing projects (b) FUNCTION.—The Advisory Committee cost and improving the efficiency of explo- and funding of activities under each para- shall advise the Secretary on the selection of ration and production of ultra-deepwater res- graph of section 2447(a). an organization to create the Research Orga- ervoirs; and (b) REVIEW.—The Secretary shall have 1 nization and on the implementation of this (C) improve safety and minimize the envi- month to review the annual plan, and shall subtitle. ronmental impacts of ultra-deepwater devel- approve the plan, if it is consistent with this (c) COMPENSATION.—Members of the Advi- opments. subtitle. If the Secretary approves the plan, sory Committee shall serve without com- (3) ULTRA-DEEPWATER ARCHITECTURE.—The the Secretary shall provide funding as pro- pensation but shall receive travel expenses, Research Organization shall award a grant posed in the plan. including per diem in lieu of subsistence, in to one or more consortia described in section (c) DISAPPROVAL.—If the Secretary does accordance with applicable provisions under 2446(d)(1)(D) for the purpose of developing not approve the plan, the Secretary shall no- subchapter I of chapter 57 of title 5, United and demonstrating the next generation ar- tify the Research Organization of the rea- States Code. chitecture for ultra-deepwater production of sons for disapproval and shall withhold fund- (d) ADMINISTRATIVE COSTS.—The costs of natural gas and other petroleum in further- ing until a new plan is submitted which the activities carried out by the Secretary and ance of the purposes stated in paragraph Secretary approves. Within 1 month after no- the Advisory Committee under this subtitle (2)(A) through (C). tifying the Research Organization of a dis- shall be paid or reimbursed from the Fund. (b) CONDITIONS FOR GRANTS.—Grants pro- approval, the Secretary shall notify the ap- (e) DURATION OF ADVISORY COMMITTEE.— vided under this section shall contain the propriate congressional committees of the Section 14 of the Federal Advisory Com- following conditions: disapproval. (1) If the grant recipient consists of more mittee Act shall not apply to the Advisory SEC. 2449. AUDIT. than one entity, the recipient shall provide a Committee. The Secretary shall retain an independent, signed contract agreed to by all partici- SEC. 2446. RESEARCH ORGANIZATION. commercial auditor to determine the extent pating members clearly defining all rights to (a) SELECTION OF RESEARCH ORGANIZA- to which the funds authorized by this sub- intellectual property for existing technology TION.—The Secretary, within 6 months after title have been expended in a manner con- and for future inventions conceived and de- the date of the enactment of this Act, shall sistent with the purposes of this subtitle. veloped using funds provided under the solicit proposals from eligible entities for The auditor shall transmit a report annually grant, in a manner that is consistent with the creation of the Research Organization, to the Secretary, who shall transmit the re- applicable laws. and within 3 months after such solicitation, port to the appropriate congressional com- (2) There shall be a repayment schedule for shall select an entity to create the Research mittees, along with a plan to remedy any de- Federal dollars provided for demonstration Organization. ficiencies cited in the report. projects under the grant in the event of a (b) ELIGIBLE ENTITIES.—Entities eligible to SEC. 2450. FUND. create the Research Organization shall— successful commercialization of the dem- (a) ESTABLISHMENT.—There is established (1) have been in existence as of the date of onstrated technology. Such repayment in the Treasury of the United States a fund the enactment of this Act; schedule shall provide that the payments are to be known as the ‘‘Ultra-Deepwater and (2) be entities exempt from tax under sec- made to the Secretary with the express in- Unconventional Gas Research Fund’’ which tion 501(c)(3) of the Internal Revenue Code of tent that these payments not impede the shall be available for obligation to the ex- 1986; and adoption of the demonstrated technology in (3) be experienced in planning and man- the marketplace. In the event that such im- tent provided in advance in appropriations aging programs in natural gas or other pe- pedance occurs due to market forces or other Acts for allocation under section 2447(c). UNDING SOURCES.— troleum exploration and production re- factors, the Research Organization shall re- (b) F (1) LOANS FROM TREASURY.—There are au- search, development, and demonstration. negotiate the grant agreement so that the thorized to be appropriated to the Secretary (c) PROPOSALS.—A proposal from an entity acceptance of the technology in the market- seeking to create the Research Organization place is enabled. $900,000,000 for the period encompassing fis- shall include a detailed description of the (3) Applications for grants for demonstra- cal years 2002 through 2009. Such amounts proposed membership and structure of the tion projects shall clearly state the intended shall be deposited by the Secretary in the Research Organization. commercial applications of the technology Fund, and shall be considered loans from the (d) FUNCTIONS.—The Research Organization demonstrated. Treasury. Income received by the United shall— (4) The total amount of funds made avail- States in connection with any ultra-deep- (1) award grants on a competitive basis to able under a grant provided under subsection water oil and gas leases shall be deposited in qualified— (a)(3) shall not exceed 50 percent of the total the Treasury and considered as repayment (A) research institutions; cost of the activities for which the grant is for the loans under this paragraph. (B) institutions of higher education; provided. (2) ADDITIONAL APPROPRIATIONS.—There are (C) companies; and (5) The total amount of funds made avail- authorized to be appropriated to the Sec- (D) consortia formed among institutions able under a grant provided under subsection retary such sums as may be necessary for the and companies described in subparagraphs (a)(1) or (2) shall not exceed 50 percent of the fiscal years 2002 through 2009, to be deposited (A) through (C) for the purpose of conducting total cost of the activities covered by the in the Fund. research, development, and demonstration of grant, except that the Research Organization (3) OIL AND GAS LEASE INCOME.—To the ex- unconventional and ultra-deepwater natural may elect to provide grants covering a high- tent provided in advance in appropriations gas or other petroleum exploration and pro- er percentage, not to exceed 90 percent, of Acts, not more than 7.5 percent of the in- duction technologies; and total project costs in the case of grants made come of the United States from Federal oil (2) review activities under those grants to solely to independent producers. and gas leases may be deposited in the Fund ensure that they comply with the require- (6) An appropriate amount of funds pro- for fiscal years 2002 through 2009. ments of this subtitle and serve the purposes vided under a grant shall be used for the SEC. 2451. SUNSET. for which the grant was made. broad dissemination of technologies devel- No funds are authorized to be appropriated SEC. 2447. GRANTS. oped under the grant to interested institu- for carrying out this subtitle after fiscal (a) TYPES OF GRANTS.— tions of higher education, industry, and ap- year 2009. The Research Organization shall S11820 CONGRESSIONAL RECORD — SENATE November 14, 2001 be terminated when it has expended all funds of Energy Advisory Board have each recently full consultation with FESAC, shall develop made available pursuant to this subtitle. reviewed the Fusion Energy Sciences Pro- and transmit to the Congress a plan for the Subtitle D—Fuel Cells gram and each strongly supports the funda- purpose of ensuring a strong scientific base mental science and creative innovation of for the Fusion Energy Sciences Program and SEC. 2461. FUEL CELLS. the program, and has confirmed that to enable the experiments described in sec- (a) IN GENERAL.—The Secretary shall con- progress toward the goal of producing prac- tion 2503. Such plan shall include as its duct a program of research, development, tical fusion energy has been excellent, al- objectives— demonstration, and commercial application though much scientific and engineering work (1) to ensure that existing fusion research on fuel cells. The program shall address— remains to be done; facilities and equipment are more fully uti- (1) Advanced Research; (7) each of these reviews stressed the need lized with appropriate measurements and (2) Systems Development; for a magnetic fusion burning plasma experi- control tools; (3) Vision 21–Hybrids; and ment to address key scientific issues and as (2) to ensure a strengthened fusion science (4) Innovative Concepts. a necessary step in the development of fusion theory and computational base; (b) MANUFACTURING PRODUCTION AND PROC- energy; (3) to ensure that the selection of and fund- ESSES.—In addition to the program under (8) the National Research Council has also ing for new magnetic and inertial fusion re- subsection (a), the Secretary, in consultation called for a broadening of the Fusion Energy search facilities is based on scientific inno- other Federal agencies, as appropriate, shall Sciences Program research base as a means vation and cost effectiveness; establish a program for the demonstration of to more fully integrate the fusion science (4) to improve the communication of sci- fuel cell technologies, including fuel cell pro- community into the broader scientific com- entific results and methods between the fu- ton exchange membrane technology, for munity; and sion science community and the wider sci- commercial, residential, and transportation (9) the Fusion Energy Sciences Program entific community; applications. The program shall specifically budget is inadequate to support the nec- (5) to ensure that adequate support is pro- focus on promoting the application of and essary science and innovation for the present vided to optimize the design of the magnetic improved manufacturing production and generation of experiments, and cannot ac- fusion burning plasma experiments referred processes for fuel cell technologies. commodate the cost of a burning plasma ex- to in section 2503; (c) AUTHORIZATION OF APPROPRIATIONS.— periment constructed by the United States, (6) to ensure that inertial confinement fu- Within the amounts authorized to be appro- or even the cost of key participation by the sion facilities are utilized to the extent prac- priated under section 2481(a), there are au- United States in an international effort. ticable for the purpose of inertial fusion en- thorized to be appropriated to the Secretary SEC. 2503. PLAN FOR FUSION EXPERIMENT. ergy research and development; for the purpose of carrying out subsection (a) PLAN FOR UNITED STATES FUSION EX- (7) to develop a roadmap for a fusion-based (b), $28,000,000 for each of fiscal years 2002 PERIMENT.—The Secretary, on the basis of energy source that shows the important sci- through 2004. full consultation with the Fusion Energy entific questions, the evolution of confine- Subtitle E—Department of Energy Sciences Advisory Committee and the Sec- ment configurations, the relation between Authorization of Appropriations retary of Energy Advisory Board, as appro- these two features, and their relation to the priate, shall develop a plan for United States fusion energy goal; SEC. 2481. AUTHORIZATION OF APPROPRIATIONS. (8) to establish several new centers of ex- construction of a magnetic fusion burning (a) OPERATION AND MAINTENANCE.—There cellence, selected through a competitive plasma experiment for the purpose of accel- are authorized to be appropriated to the Sec- peer-review process and devoted to exploring erating scientific understanding of fusion retary for operation and maintenance for the frontiers of fusion science; plasmas. The Secretary shall request a re- subtitle B and subtitle D, and for Fossil En- (9) to ensure that the National Science view of the plan by the National Academy of ergy Research and Development Head- Foundation, and other agencies, as appro- Sciences, and shall transmit the plan and the quarters Program Direction, Field Program priate, play a role in extending the reach of review to the Congress by July 1, 2004. Direction, Plant and Capital Equipment, Co- fusion science and in sponsoring general (b) REQUIREMENTS OF PLAN.—The plan de- operative Research and Development, Im- scribed in subsection (a) shall— plasma science; and port/Export Authorization, and Advanced (1) address key burning plasma physics (10) to ensure that there be continuing Metallurgical Processes $282,000,000 for fiscal issues; and broad assessments of the outlook for fusion year 2002, $293,000,000 for fiscal year 2003, and (2) include specific information on the sci- energy and periodic external reviews of fu- $305,000,000 for fiscal year 2004, to remain entific capabilities of the proposed experi- sion energy sciences. available until expended. ment, the relevance of these capabilities to SEC. 2505. AUTHORIZATION OF APPROPRIATIONS. (b) LIMITS ON USE OF FUNDS.—None of the the goal of practical fusion energy, and the There are authorized to be appropriated to funds authorized to be appropriated in sub- overall design of the experiment including the Secretary for the development and re- section (a) may be used for— its estimated cost and potential construction view, but not for implementation, of the (1) Gas Hydrates. sites. plans described in this subtitle and for ac- (2) Fossil Energy Environmental Restora- (c) UNITED STATES PARTICIPATION IN AN tivities of the Fusion Energy Sciences Pro- tion; or INTERNATIONAL EXPERIMENT.—In addition to gram $320,000,000 for fiscal year 2002 and (3) Research, development, demonstration, the plan described in subsection (a), the Sec- $335,000,000 for fiscal year 2003, of which up to and commercial application on coal and re- retary, on the basis of full consultation with $15,000,000 for each of fiscal year 2002 and fis- lated technologies, including activities the Fusion Energy Sciences Advisory Com- cal year 2003 may be used to establish several under subtitle A. mittee and the Secretary of Energy Advisory new centers of excellence, selected through a TITLE V—SCIENCE Board, as appropriate, may also develop a competitive peer-review process and devoted Subtitle A—Fusion Energy Sciences plan for United States participation in an to exploring the frontiers of fusion science. international burning plasma experiment for Subtitle B—Spallation Neutron Source SEC. 2501. SHORT TITLE. the same purpose, whose construction is SEC. 2521. DEFINITION. This subtitle may be cited as the ‘‘Fusion found by the Secretary to be highly likely Energy Sciences Act of 2001’’. For the purposes of this subtitle, the term and where United States participation is ‘‘Spallation Neutron Source’’ means Depart- SEC. 2502. FINDINGS. cost effective relative to the cost and sci- ment Project 99–E–334, Oak Ridge National The Congress finds that— entific benefits of a domestic experiment de- Laboratory, Oak Ridge, Tennessee. (1) economic prosperity is closely linked to scribed in subsection (a). If the Secretary SEC. 2522. AUTHORIZATION OF APPROPRIATIONS. an affordable and ample energy supply; elects to develop a plan under this sub- (a) AUTHORIZATION OF CONSTRUCTION FUND- (2) environmental quality is closely linked section, he shall include the information de- ING.—There are authorized to be appro- to energy production and use; scribed in subsection (b), and an estimate of priated to the Secretary for construction of (3) population, worldwide economic devel- the cost of United States participation in the Spallation Neutron Source— opment, energy consumption, and stress on such an international experiment. The Sec- (1) $276,300,000 for fiscal year 2002; the environment are all expected to increase retary shall request a review by the National (2) $210,571,000 for fiscal year 2003; substantially in the coming decades; Academies of Sciences and Engineering of a (3) $124,600,000 for fiscal year 2004; (4) the few energy options with the poten- plan developed under this subsection, and (4) $79,800,000 for fiscal year 2005; and tial to meet economic and environmental shall transmit the plan and the review to the (5) $41,100,000 for fiscal year 2006 for com- needs for the long-term future should be pur- Congress not later than July 1, 2004. pletion of construction. sued as part of a balanced national energy (d) AUTHORIZATION OF RESEARCH AND DE- (b) AUTHORIZATION OF OTHER PROJECT plan; VELOPMENT.—The Secretary, through the Fu- FUNDING.—There are authorized to be appro- (5) fusion energy is an attractive long-term sion Energy Sciences Program, may conduct priated to the Secretary for other project energy source because of the virtually inex- any research and development necessary to costs (including research and development haustible supply of fuel, and the promise of fully develop the plans described in this sec- necessary to complete the project, minimal adverse environmental impact and tion. preoperations costs, and capital equipment inherent safety; SEC. 2504. PLAN FOR FUSION ENERGY SCIENCES not related to construction) of the Spall- (6) the National Research Council, the PROGRAM. ation Neutron Source $15,353,000 for fiscal President’s Committee of Advisers on Not later than 6 months after the date of year 2002 and $103,279,000 for the period en- Science and Technology, and the Secretary the enactment of this Act, the Secretary, in compassing fiscal years 2003 through 2006, to November 14, 2001 CONGRESSIONAL RECORD — SENATE S11821 remain available until expended through (2) Providing for the repair and rehabilita- and the private sector; and (3) suggest ac- September 30, 2006. tion of existing facilities to keep them in use tions to strengthen the scientific research SEC. 2523. REPORT. and prevent deterioration, if feasible. supported by the Office that might be taken The Secretary shall report on the Spall- (3) Providing engineering design and con- jointly by the Department and Congress. ation Neutron Source as part of the Depart- struction services for those facilities that re- SEC. 2562. REPORT. ment’s annual budget submission, including quire modification or additions in order to Within 6 months after the date of the en- a description of the achievement of mile- meet the needs of new or expanded programs. actment of this Act, the Advisory Panel stones, a comparison of actual costs to esti- (c) REPORT.— shall transmit its findings and recommenda- mated costs, and any changes in estimated (1) TRANSMITTAL.—Within 1 year after the tions in a report to the Director of the Office project costs or schedule. date of the enactment of this Act, the Sec- of Science and Technology Policy and the retary shall prepare and transmit to the ap- SEC. 2524. LIMITATIONS. Secretary. The Director and the Secretary propriate congressional committees a report The total amount obligated by the Depart- shall jointly— containing the plan prepared under sub- ment, including prior year appropriations, (1) consider each of the Panel’s findings section (b). for the Spallation Neutron Source may not and recommendations, and comment on each (2) CONTENTS.—For each nonmilitary en- exceed— as they consider appropriate; and (2) trans- ergy laboratory, such report shall contain— (1) $1,192,700,000 for costs of construction; mit the Panel’s report and the comments of (A) the current priority list of proposed fa- (2) $219,000,000 for other project costs; and the Director and the Secretary on the report cilities and infrastructure projects, includ- (3) $1,411,700,000 for total project cost. to the appropriate congressional committees ing cost and schedule requirements; Subtitle C—Facilities, Infrastructure, and within 9 months after the date of the enact- (B) a current ten-year plan that dem- ment of this Act. User Facilities onstrates the reconfiguration of its facilities Subtitle E—Department of Energy SEC. 2541. DEFINITION. and infrastructure to meet its missions and Authorization of Appropriations For purposes of this subtitle— to address its long-term operational costs (1) the term ‘‘nonmilitary energy labora- and return on investment; SEC. 2581. AUTHORIZATION OF APPROPRIATIONS. tory’’ means— (C) the total current budget for all facili- (a) OPERATION AND MAINTENANCE.—Includ- (A) Ames Laboratory; ties and infrastructure funding; and ing the amounts authorized to be appro- (B) Argonne National Laboratory; (D) the current status of each facilities and priated for fiscal year 2002 under section 2505 (C) Brookhaven National Laboratory; infrastructure project compared to the origi- for Fusion Energy Sciences and under sec- (D) Fermi National Accelerator Labora- nal baseline cost, schedule, and scope. tion 2522(b) for the Spallation Neutron tory; (3) ADDITIONAL ELEMENTS.—The report Source, there are authorized to be appro- (E) Lawrence Berkeley National Labora- shall also— priated to the Secretary for the Office of tory; (A) include a plan for new facilities and fa- Science (also including subtitle C, High En- (F) Oak Ridge National Laboratory; cility modifications at each nonmilitary en- ergy Physics, Nuclear Physics, Biological (G) Pacific Northwest National Labora- ergy laboratory that will be required to meet and Environmental Research, Basic Energy tory; the Department’s changing missions of the Sciences (except for the Spallation Neutron (H) Princeton Plasma Physics Laboratory; twenty-first century, including schedules Source), Advanced Scientific Computing Re- (I) Stanford Linear Accelerator Center; and estimates for implementation, and in- search, Energy Research Analysis, Multipro- (J) Thomas Jefferson National Accelerator cluding a section outlining long-term fund- gram Energy Laboratories-Facilities Sup- Facility; or ing requirements consistent with anticipated port, Facilities and Infrastructure, Safe- (K) any other facility of the Department budgets and annual authorization of appro- guards and Security, and Program Direction) that the Secretary, in consultation with the priations; operation and maintenance $3,299,558,000 for Director, Office of Science and the appro- (B) address the coordination of moderniza- fiscal year 2002, to remain available until ex- priate congressional committees, determines tion and consolidation of facilities among pended. to be consistent with the mission of the Of- the nonmilitary energy laboratories in order (b) RESEARCH REGARDING PRECIOUS METAL fice of Science; and to meet changing mission requirements; and CATALYSIS.—Within the amounts authorized (2) the term ‘‘user facility’’ means— (C) provide for annual reports to the appro- to be appropriated to the Secretary under (A) an Office of Science facility at a non- priate congressional committees on accom- subsection (a), $5,000,000 for fiscal year 2002 military energy laboratory that provides plishments, conformance to schedules, com- may be used to carry out research in the use special scientific and research capabilities, mitments, and expenditures. of precious metals (excluding platinum, pal- including technical expertise and support as SEC. 2543. USER FACILITIES. ladium, and rhodium) in catalysis, either di- appropriate, to serve the research needs of (a) NOTICE REQUIREMENT.—When the De- rectly though national laboratories, or the Nation’s universities, industry, private partment makes a user facility available to through the award of grants, cooperative laboratories, Federal laboratories, and oth- universities and other potential users, or agreements, or contracts with public or non- ers, including research institutions or indi- seeks input from universities and other po- profit entities. viduals from other nations where reciprocal tential users regarding significant character- (c) CONSTRUCTION.—In addition to the accommodations are provided to United istics or equipment in a user facility or a amounts authorized to be appropriated under States research institutions and individuals proposed user facility, the Department shall section 2522(a) for construction of the Spall- or where the Secretary considers such ac- ensure broad public notice of such avail- ation Neutron Source, there are authorized commodation to be in the national interest; ability or such need for input to universities to be appropriated to the Secretary for and and other potential users. Science— (B) any other Office of Science funded fa- (b) COMPETITION REQUIREMENT.—When the (1) $19,400,000 for fiscal year 2002, $14,800,000 cility designated by the Secretary as a user Department considers the participation of a for fiscal year 2003, and $8,900,000 for fiscal facility. university or other potential user in the es- year 2004 for completion of constuction of SEC. 2542. FACILITY AND INFRASTRUCTURE SUP- tablishment or operation of a user facility, Project 98–G–304, Neutrinos at the Main In- PORT FOR NONMILITARY ENERGY the Department shall employ full and open jector, Fermi National Accelerator Labora- LABORATORIES. competition in selecting such a participant. tory; (2) $11,405,000 for fiscal year 2002 for com- (a) FACILITY POLICY.—The Secretary shall (c) PROHIBITION.—The Department may not develop and implement a least-cost non- redesignate a user facility, as defined by sec- pletion of construction of Project 01–E–300, military energy laboratory facility and in- tion 2541(b) as something other than a user Laboratory for Comparative and Functional frastructure strategy for— facility for avoid the requirements of sub- Genomics, Oak Ridge National Laboratory; (1) maintaining existing facilities and in- sections (a) and (b). (3) $4,000,000 for fiscal year 2002, $8,000,000 frastructure, as needed; for fiscal year 2003, and $2,000,000 for fiscal (2) closing unneeded facilities; Subtitle D—Advisory Panel on Office of year 2004 for completion of construction of (3) making facility modifications; and Science Project 02–SC–002, Project Engineering De- (4) building new facilities. SEC. 2561. ESTABLISHMENT. sign (PED), Various Locations; (b) PLAN.—The Secretary shall prepare a The Director of the Office of Science and (4) $3,183,000 for fiscal year 2002 for comple- comprehensive 10-year plan for conducting Technology Policy, in consultation with the tion of construction of Project 02–SC–002, future facility maintenance, making repairs, Secretary, shall establish an Advisory Panel Multiprogram Energy Laboratories Infra- modifications, and new additions, and con- on the Office of Science comprised of knowl- structure Project Engineering Design (PED), structing new facilities at each nonmilitary edgeable individuals to— Various Locations; and (5) $18,633,000 for fis- energy laboratory. Such plan shall provide (1) address concerns about the current sta- cal year 2002 and $13,029,000 for fiscal year for facilities work in accordance with the tus and the future of scientific research sup- 2003 for completion of construction of following priorities: ported by the Office; Project MEL–001, Multiprogram Energy Lab- (1) Providing for the safety and health of (2) examine alternatives to the current or- oratories, Infrastructure, Various Locations. employees, visitors, and the general public ganizational structure of the Office within (d) LIMITS ON USE OF FUNDS.—None of the with regard to correcting existing struc- the Department, taking into consideration funds authorized to be appropriated in sub- tural, mechanical, electrical, and environ- existing structures for the support of sci- section (c) may be used for construction at mental deficiencies. entific research in other Federal agencies any national security laboratory as defined S11822 CONGRESSIONAL RECORD — SENATE November 14, 2001 in section 3281(1) of the National Defense Au- Wydler Technology Innovation Act of 1980 (15 technological risks involved in the project thorization Act for Fiscal Year 2000 (50 U.S.C. 3701 et seq.), grant, joint venture, or and is necessary to meet the objectives of U.S.C. 2471(1)) or at any nuclear weapons pro- any other form of agreement available to the this division. duction facility as defined in section 3281(2) Secretary under this section that relates to (c) CALCULATION OF AMOUNT.—In calcu- of the National Defense Authorization Act research, development, demonstration, and lating the amount of the non-Federal com- for Fiscal Year 2000 (50 U.S.C. 2471(2)). commercial application of energy tech- mitment under subsection (a) or (b), the Sec- TITLE VI—MISCELLANEOUS nology; or retary may include personnel, services, (2) extending a contract, cooperative equipment, and other resources. Subtitle A—General Provisions for the agreement, cooperative research and devel- Department of Energy SEC. 2604. LIMITATION ON DEMONSTRATION AND opment agreement under the Stevenson- COMMERCIAL APPLICATION OF EN- SEC. 2601. RESEARCH, DEVELOPMENT, DEM- Wydler Technology Innovation Act of 1980, ERGY TECHNOLOGY. ONSTRATION, AND COMMERCIAL AP- grant, joint venture, or any other form of Except as otherwise provided in this divi- PLICATION OF ENERGY TECH- agreement available to the Secretary that sion, the Secretary shall provide funding for NOLOGY PROGRAMS, PROJECTS, scientific or energy demonstration and com- AND ACTIVITIES. relates to research, development, and dem- mercial application of energy technology (a) AUTHORIZED ACTIVITIES.—Except as oth- onstration to cover commercial application programs, projects, or activities only for erwise provided in this division, research, de- of energy technology. technologies or processes that can be reason- velopment, demonstration, and commercial (h) APPLICATION OF SECTION.—This section ably expected to yield new, measurable bene- application programs, projects, and activi- shall not apply to any contract, cooperative fits to the cost, efficiency, or performance of ties for which appropriations are authorized agreement, cooperative research and devel- the technology or process. under this division may be carried out under opment agreement under the Stevenson- the procedures of the Federal Nonnuclear Wydler Technology Innovation Act of 1980 (15 SEC. 2605. REPROGRAMMING. Energy Research and Development Act of U.S.C. 3701 et seq.), grant, joint venture, or (a) AUTHORITY.—The Secretary may use 1974 (42 U.S.C. 5901 et seq.), the Atomic En- any other form of agreement available to the amounts appropriated under this division for ergy Act of 1954 (42 U.S.C. 2011 et seq.), or Secretary that is in effect as of the date of a program, project, or activity other than any other Act under which the Secretary is the enactment of this Act. the program, project, or activity for which authorized to carry out such programs, SEC. 2602. LIMITS ON USE OF FUNDS. such amounts were appropriated only if— projects, and activities, but only to the ex- (a) MANAGEMENT OF OPERATING CON- (1) the Secretary has transmitted to the tent the Secretary is authorized to carry out TRACTS.— appropriate congressional committees a re- such activities under each such Act. (1) COMPETITIVE PROCEDURE REQUIREMENT.— port described in subsection (b) and a period (b) AUTHORIZED AGREEMENTS.—Except as None of the funds authorized to be appro- of 30 days has elapsed after such committees otherwise provided in this division, in car- priated to the Secretary by this division may receive the report; rying out research, development, demonstra- be used to award a management and oper- (2) amounts used for the program, project, tion, and commercial application programs, ating contract for a federally owned or oper- or activity do not exceed— projects, and activities for which appropria- ated nonmilitary energy laboratory of the (A) 105 percent of the amount authorized tions are authorized under this division, the Department unless such contract is awarded for the program, project, or activity; or Secretary may use, to the extent authorized using competitive procedures or the Sec- (B) $250,000 more than the amount author- under applicable provisions of law, contracts, retary grants, on a case-by-case basis, a ized for the program, project, or activity, cooperative agreements, cooperative re- waiver to allow for such a deviation. The whichever is less; and (3) the program, project, or activity has search and development agreements under Secretary may not delegate the authority to been presented to, or requested of, the Con- the Stevenson-Wydler Technology Innova- grant such a waiver. gress by the Secretary. tion Act of 1980 (15 U.S.C. 3701 et seq.), (2) CONGRESSIONAL NOTICE.—At least 2 (b) REPORT.—(1) The report referred to in grants, joint ventures, and any other form of months before a contract award, amend- subsection (a) is a report containing a full agreement available to the Secretary. ment, or modification for which the Sec- and complete statement of the action pro- (c) DEFINITION.—For purposes of this sec- retary intends to grant such a waiver, the posed to be taken and the facts and cir- tion, the term ‘‘joint venture’’ has the mean- Secretary shall submit to the appropriate cumstances relied upon in support of the pro- ing given that term under section 2 of the congressional committees a report notifying posed action. National Cooperative Research and Produc- the committees of the waiver and setting (2) In the computation of the 30–day period tion Act of 1993 (15 U.S.C. 4301), except that forth the reasons for the waiver. under subsection (a), there shall be excluded such term may apply under this section to (b) PRODUCTION OR PROVISION OF ARTICLES any day on which either House of Congress is research, development, demonstration, and OR SERVICES.—None of the funds authorized not in session because of an adjournment of commercial application of energy technology to be appropriated to the Secretary by this more than 3 days to a day certain. joint ventures. division may be used to produce or provide (c) LIMITATIONS.—(1) In no event may the ROTECTION OF INFORMATION.—Section articles or services for the purpose of selling (d) P total amount of funds obligated by the Sec- 12(c)(7) of the Stevenson-Wydler Technology the articles or services to a person outside retary pursuant to this division exceed the Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)), the Federal Government, unless the Sec- total amount authorized to be appropriated relating to the protection of information, retary determines that comparable articles to the Secretary by this division. shall apply to research, development, dem- or services are not available from a commer- cial source in the United States. (2) Funds appropriated to the Secretary onstration, and commercial application of pursuant to this division may not be used for energy technology programs, projects, and (c) REQUESTS FOR PROPOSALS.—None of the funds authorized to be appropriated to the an item for which Congress has declined to activities for which appropriations are au- authorize funds. thorized under this division. Secretary by this division may be used by Subtitle B—Other Miscellaneous Provisions (e) INVENTIONS.—An invention conceived the Department to prepare or initiate Re- and developed by any person using funds pro- quests for Proposals for a program if the pro- SEC. 2611. NOTICE OF REORGANIZATION. vided through a grant under this division gram has not been authorized by Congress. The Secretary shall provide notice to the shall be considered a subject invention for SEC. 2603. COST SHARING. appropriate congressional committees not the purposes of chapter 18 of title 35, United (a) RESEARCH AND DEVELOPMENT.—Except later than 15 days before any reorganization States Code (commonly referred to as the as otherwise provided in this division, for re- of any environmental research or develop- Bayh-Dole Act). search and development programs carried ment, scientific or energy research, develop- (f) OUTREACH.—The Secretary shall ensure out under this division, the Secretary shall ment, or demonstration, or commercial ap- that each program authorized by this divi- require a commitment from non-Federal plication of energy technology program, sion includes an outreach component to pro- sources of at least 20 percent of the cost of project, or activity of the Department. vide information, as appropriate, to manu- the project. The Secretary may reduce or SEC. 2612. LIMITS ON GENERAL PLANT facturers, consumers, engineers, architects, eliminate the non-Federal requirement PROJECTS. builders, energy service companies, univer- under this subsection if the Secretary deter- If, at any time during the construction of sities, facility planners and managers, State mines that the research and development is a civilian environmental research and devel- and local governments, and other entities. of a basic or fundamental nature. opment, scientific or energy research, devel- (g) GUIDELINES AND PROCEDURES.—The Sec- (b) DEMONSTRATION AND COMMERCIAL AP- opment, or demonstration, or commercial retary shall provide guidelines and proce- PLICATION.—Except as otherwise provided in application of energy technology project of dures for the transition, where appropriate, this division, the Secretary shall require at the Department for which no specific funding of energy technologies from research least 50 percent of the costs directly and spe- level is provided by law, the estimated cost through development and demonstration to cifically related to any demonstration or (including any revision thereof) of the commercial application of energy tech- commercial application project under this project exceeds $5,000,000, the Secretary may nology. Nothing in this section shall pre- division to be provided from non-Federal not continue such construction unless the clude the Secretary from— sources. The Secretary may reduce the non- Secretary has furnished a complete report to (1) entering into a contract, cooperative Federal requirement under this subsection if the appropriate congressional committees agreement, cooperative research and devel- the Secretary determines that the reduction explaining the project and the reasons for opment agreement under the Stevenson- is necessary and appropriate considering the the estimate or revision. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11823

SEC. 2613. LIMITS ON CONSTRUCTION PROJECTS. NATIVE ENERGY RESEARCH AND DEVELOP- ning after subparagraph (B)(iii) (relating to (a) LIMITATION.—Except as provided in sub- MENT.—Upon completion of the Secretary’s solar energy systems)— section (b), construction on a civilian envi- review of current funding and historic per- (1) by inserting ‘‘or paragraph (10)’’; and ronmental research and development, sci- formance of the Department’s energy effi- (2) by striking ‘‘20 percent’’ and inserting entific or energy research, development, or ciency, renewable energy, and alternative ‘‘30 percent’’. demonstration, or commercial application of energy research and development programs (b) MULTIFAMILY HOUSING MORTGAGE IN- energy technology project of the Department in response to the recommendations of the SURANCE.—Section 207(c) of the National for which funding has been specifically pro- May 16, 2001, Report of the National Energy Housing Act (12 U.S.C. 1713(c)) is amended, in vided by law may not be started, and addi- Policy Development Group, the Secretary the second undesignated paragraph begin- tional obligations may not be incurred in shall transmit a report containing the re- ning after paragraph (3) (relating to solar en- connection with the project above the au- sults of such review to the appropriate con- ergy systems and residential energy con- thorized funding amount, whenever the cur- gressional committees. servation measures), by striking ‘‘20 per- rent estimated cost of the construction (b) REVIEW AND RECOMMENDATIONS ON cent’’ and inserting ‘‘30 percent’’. project exceeds by more than 10 percent the USING THE NATION’S ENERGY RESOURCES (c) COOPERATIVE HOUSING MORTGAGE INSUR- higher of— MORE EFFICIENTLY.—Upon completion of the ANCE.—Section 213(p) of the National Hous- (1) the amount authorized for the project, Office of Science and Technology Policy and ing Act (12 U.S.C. 1715e(p)) is amended by if the entire project has been funded by the the President’s Council of Advisors on striking ‘‘20 per centum’’ and inserting ‘‘30 Congress; or Science and Technology reviewing and mak- percent’’. (2) the amount of the total estimated cost ing recommendations on using the Nation’s (d) REHABILITATION AND NEIGHBORHOOD for the project as shown in the most recent energy resources more efficiently, in re- CONSERVATION HOUSING MORTGAGE INSUR- budget justification data submitted to Con- sponse to the recommendation of the May 16, ANCE.—Section 220(d)(3)(B)(iii) of the Na- gress. 2001, Report of the National Energy Policy tional Housing Act (12 U.S.C. (b) NOTICE.—An action described in sub- Development Group, the Director of the Of- section (a) may be taken if— fice of Science and Technology Policy shall 1715k(d)(3)(B)(iii)) is amended by striking ‘‘20 per centum’’ and inserting ‘‘30 percent’’. (1) the Secretary has submitted to the ap- transmit a report containing the results of propriate congressional committees a report such review and recommendations to the ap- (e) LOW-INCOME MULTIFAMILY HOUSING on the proposed actions and the cir- propriate congressional committees. MORTGAGE INSURANCE.—Section 221(k) of the National Housing Act (12 U.S.C. 1715l(k)) is cumstances making such actions necessary; SEC. 2616. PERIODIC REVIEWS AND ASSESS- and MENTS. amended by striking ‘‘20 per centum’’ and in- (2) a period of 30 days has elapsed after the The Secretary shall enter into appropriate serting ‘‘30 percent’’. date on which the report is received by the arrangements with the National Academies (f) ELDERLY HOUSING MORTGAGE INSUR- committees. of Sciences and Engineering to ensure that ANCE.—The proviso at the end of section (c) EXCLUSION.—In the computation of the there be periodic reviews and assessments of 213(c)(2) of the National Housing Act (12 30–day period described in subsection (b)(2), the programs authorized by this division, as U.S.C. 1715v(c)(2)) is amended by striking ‘‘20 there shall be excluded any day on which ei- well as the measurable cost and perform- per centum’’ and inserting ‘‘30 percent’’. ther House of Congress is not in session be- ance-based goals for such programs as estab- (g) CONDOMINIUM HOUSING MORTGAGE IN- cause of an adjournment of more than 3 days lished under section 2004, and the progress on SURANCE.—Section 234(j) of the National to a day certain. meeting such goals. Such reviews and assess- Housing Act (12 U.S.C. 1715y(j)) is amended (d) EXCEPTION.—Subsections (a) and (b) ments shall be conducted at least every 5 by striking ‘‘20 per centum’’ and inserting shall not apply to any construction project years, or more often as the Secretary con- ‘‘30 percent’’. that has a current estimated cost of less siders necessary, and the Secretary shall SEC. 4104. PUBLIC HOUSING CAPITAL FUND. than $5,000,000. transmit to the appropriate congressional Section 9(d)(1) of the United States Hous- SEC. 2614. AUTHORITY FOR CONCEPTUAL AND committees reports containing the results of ing Act of 1937 (42 U.S.C. 1437g(d)(1)) is CONSTRUCTION DESIGN. such reviews and assessments. amended— (a) REQUIREMENT FOR CONCEPTUAL DE- DIVISION D (1) in subparagraph (I), by striking ‘‘and’’ SIGN.—(1) Subject to paragraph (2) and except SEC. 4101. CAPACITY BUILDING FOR ENERGY-EF- at the end; as provided in paragraph (3), before submit- FICIENT, AFFORDABLE HOUSING. (2) in subparagraph (K), by striking the pe- ting to Congress a request for funds for a Section 4(b) of the HUD Demonstration riod at the end and inserting ‘‘; and’’; and construction project that is in support of a Act of 1993 (42 U.S.C. 9816 note) is amended— (3) by adding at the end the following new civilian environmental research and develop- (1) in paragraph (1), by inserting before the subparagraph: ment, scientific or energy research, develop- semicolon at the end the following: ‘‘, includ- ‘‘(L) improvement of energy and water-use ment, or demonstration, or commercial ap- ing capabilities regarding the provision of plication of energy technology program, efficiency by installing fixtures and fittings energy efficient, affordable housing and resi- that conform to the American Society of Me- project, or activity of the Department, the dential energy conservation measures’’; and Secretary shall complete a conceptual design chanical Engineers/American National (2) in paragraph (2), by inserting before the Standards Institute standards A112.19.2–1998 for that project. semicolon the following: ‘‘, including such (2) If the estimated cost of completing a and A112.18.1–2000, or any revision thereto, activities relating to the provision of energy applicable at the time of installation, and by conceptual design for a construction project efficient, affordable housing and residential exceeds $750,000, the Secretary shall submit increasing energy efficiency and water con- energy conservation measures that benefit servation by such other means as the Sec- to Congress a request for funds for the con- low-income families’’. ceptual design before submitting a request retary determines are appropriate.’’. SEC. 4102. INCREASE OF CDBG PUBLIC SERVICES SEC. 4105. GRANTS FOR ENERGY-CONSERVING for funds for the construction project. CAP FOR ENERGY CONSERVATION IMPROVEMENTS FOR ASSISTED (3) The requirement in paragraph (1) does AND EFFICIENCY ACTIVITIES. HOUSING. not apply to a request for funds for a con- Section 105(a)(8) of the Housing and Com- struction project, the total estimated cost of munity Development Act of 1974 (42 U.S.C. Section 251(b)(1) of the National Energy which is less than $5,000,000. 5305(a)(8)) is amended— Conservation Policy Act (42 U.S.C. 8231(1)) is (b) AUTHORITY FOR CONSTRUCTION DESIGN.— (1) by inserting ‘‘or efficiency’’ after ‘‘en- amended— (1) The Secretary may carry out construc- ergy conservation’’; (1) by striking ‘‘financed with loans’’ and tion design (including architectural and en- (2) by striking ‘‘, and except that’’ and in- inserting ‘‘assisted’’; gineering services) in connection with any serting ‘‘; except that’’; and (2) by inserting after ‘‘1959,’’ the following: proposed construction project that is in sup- (3) by inserting before the period at the end ‘‘which are eligible multifamily housing port of a civilian environmental research and the following: ‘‘; and except that each per- projects (as such term is defined in section development, scientific or energy research, centage limitation under this paragraph on 512 of the Multifamily Assisted Housing Re- development, and demonstration, or com- the amount of assistance provided under this form and Affordability Act of 1997 (42 U.S.C. mercial application of energy technology title that may be used for the provision of 1437f note)) and are subject to a mortgage re- program, project, or activity of the Depart- public services is hereby increased by 10 per- structuring and rental assistance sufficiency ment if the total estimated cost for such de- cent, but such percentage increase may be plans under such Act,’’; and sign does not exceed $250,000. used only for the provision of public services (3) by inserting after the period at the end (2) If the total estimated cost for construc- concerning energy conservation or effi- of the first sentence the following new sen- tion design in connection with any construc- ciency’’. tence: ‘‘Such improvements may also include tion project described in paragraph (1) ex- SEC. 4103. FHA MORTGAGE INSURANCE INCEN- the installation of energy and water con- ceeds $250,000, funds for such design must be TIVES FOR ENERGY EFFICIENT serving fixtures and fittings that conform to specifically authorized by law. HOUSING. the American Society of Mechanical Engi- SEC. 2615. NATIONAL ENERGY POLICY DEVELOP- (a) SINGLE FAMILY HOUSING MORTGAGE IN- neers/American National Standards Institute MENT GROUP MANDATED REPORTS. SURANCE.—Section 203(b)(2) of the National standards A112.19.2–1998 and A112.18.1–2000, or (a) THE SECRETARY’S REVIEW OF ENERGY Housing Act (12 U.S.C. 1709(b)(2)) is amended, any revision thereto, applicable at the time EFFICIENCY, RENEWABLE ENERGY, AND ALTER- in the first undesignated paragraph begin- of installation.’’. S11824 CONGRESSIONAL RECORD — SENATE November 14, 2001

SEC. 4106. NORTH AMERICAN DEVELOPMENT (4) title XIII of the Energy Policy Act of (c) APPLICABILITY.—Subsection (b) shall BANK. 1992 (42 U.S.C. 13331 et seq.), to achieve cost not apply to any project begun before Sep- Part 2 of subtitle D of title V of the North and performance goals established by the tember 30, 2002. American Free Trade Agreement Implemen- Secretary under section 5004. SEC. 5006. PROJECT CRITERIA. tation Act (22 U.S.C. 290m–290m–3) is amend- SEC. 5004. COST AND PERFORMANCE GOALS. (a) IN GENERAL.—The Secretary shall not ed by adding at the end the following: (a) REVIEW AND ASSESSMENT.—The Sec- provide funding under this division for any ‘‘SEC. 545. SUPPORT FOR CERTAIN ENERGY POLI- retary shall perform an assessment that es- project that does not advance efficiency, en- CIES. tablishes measurable cost and performance vironmental performance, and cost competi- ‘‘Consistent with the focus of the Bank’s goals for 2005, 2010, 2015, and 2020 for the pro- tiveness well beyond the level of tech- Charter on environmental infrastructure grams authorized by this division. Such as- nologies that are in operation or have been projects, the Board members representing sessment shall be based on the latest sci- demonstrated as of the date of the enact- the United States should use their voice and entific, economic, and technical knowledge. ment of this Act. vote to encourage the Bank to finance (b) CONSULTATION.—In establishing the cost (b) TECHNICAL CRITERIA FOR CLEAN COAL projects related to clean and efficient en- and performance goals, the Secretary shall POWER INITIATIVE.— ergy, including energy conservation, that consult with representatives of— (1) GASIFICATION.—(A) In allocating the prevent, control, or reduce environmental (1) the United States coal industry; funds authorized under section 5005(a), the pollutants or contaminants.’’. (2) State coal development agencies; Secretary shall ensure that at least 80 per- DIVISION E (3) the electric utility industry; cent of the funds are used only for projects (4) railroads and other transportation in- SEC. 5000. SHORT TITLE. on coal-based gasification technologies, in- dustries; cluding gasification combined cycle, gasifi- This division may be cited as the ‘‘Clean (5) manufacturers of advanced coal-based Coal Power Initiative Act of 2001’’. cation fuel cells, gasification coproduction equipment; and hybrid gasification/combustion. SEC. 5001. FINDINGS. (6) institutions of higher learning, national (B) The Secretary shall set technical mile- Congress finds that— laboratories, and professional and technical stones specifying emissions levels that coal (1) reliable, affordable, increasingly clean societies; gasification projects must be designed to and electricity will continue to power the grow- (7) organizations representing workers; reasonably expected to achieve. The mile- ing United States economy; (8) organizations formed to— stones shall get more restrictive through the (2) an increasing use of electro-tech- (A) promote the use of coal; life of the program. The milestones shall be nologies, the desire for continuous environ- (B) further the goals of environmental pro- designed to achieve by 2020 coal gasification mental improvement, a more competitive tection; and projects able— electricity market, and concerns about ris- (C) promote the production and generation (i) to remove 99 percent of sulfur dioxide; ing energy prices add importance to the need of coal-based power from advanced facilities; (ii) to emit no more than .05 lbs of NO per for reliable, affordable, increasingly clean and X million BTU; electricity; (9) other appropriate Federal and State (iii) to achieve substantial reductions in (3) coal, which, as of the date of the enact- agencies. (c) TIMING.—The Secretary shall— mercury emissions; and ment of this Act, accounts for more than 1⁄2 (iv) to achieve a thermal efficiency of 60 of all electricity generated in the United (1) not later than 120 days after the date of percent (higher heating value). States, is the most abundant fossil energy the enactment of this Act, issue a set of (2) OTHER PROJECTS.—For projects not de- resource of the United States; draft cost and performance goals for public scribed in paragraph (1), the Secretary shall (4) coal comprises more than 85 percent of comment; and set technical milestones specifying emis- all fossil resources in the United States and (2) not later than 180 days after the date of sions levels that the projects must be de- exists in quantities sufficient to supply the the enactment of this Act, after taking into signed to and reasonably expected to United States for 250 years at current usage consideration any public comments received, achieve. The milestones shall get more re- rates; submit to the Committee on Energy and strictive through the life of the program. (5) investments in electricity generating Commerce and the Committee on Science of The milestones shall be designed to achieve facility emissions control technology over the House of Representatives, and to the by 2010 projects able— the past 30 years have reduced the aggregate Senate, the final cost and performance goals. (A) to remove 97 percent of sulfur dioxide; emissions of pollutants from coal-based gen- SEC. 5005. AUTHORIZATION OF APPROPRIATIONS. (B) to emit no more than .08 lbs of NO per erating facilities by 21 percent, even as coal (a) CLEAN COAL POWER INITIATIVE.—Except X million BTU; use for electricity generation has nearly tri- as provided in subsection (b), there are au- (C) to achieve substantial reductions in pled; thorized to be appropriated to the Secretary mercury emissions; and (6) continuous improvement in efficiency to carry out the Clean Coal Power Initiative (D) to achieve a thermal efficiency of 45 and environmental performance from elec- under section 5003 $200,000,000 for each of the percent (higher heating value). tricity generating facilities would allow con- fiscal years 2002 through 2011, to remain (c) FINANCIAL CRITERIA.—The Secretary tinued use of coal and preserve less abundant available until expended. shall not provide a funding award under this energy resources for other energy uses; (b) LIMIT ON USE OF FUNDS.— Notwith- division unless the recipient has documented (7) new ways to convert coal into elec- standing subsection (a), no funds may be to the satisfaction of the Secretary that— tricity can effectively eliminate health- used to carry out the activities authorized (1) the award recipient is financially viable threatening emissions and improve effi- by this Act after September 30, 2002, unless without the receipt of additional Federal ciency by as much as 50 percent, but initial the Secretary has transmitted to the Com- funding; deployment of new coal generation methods mittee on Energy and Commerce and the (2) the recipient will provide sufficient in- and equipment entails significant risk that Committee on Science of the House of Rep- formation to the Secretary for the Secretary generators may be unable to accept in a resentatives, and to the Senate, the report to ensure that the award funds are spent effi- newly competitive electricity market; and required by this subsection and 1 month has ciently and effectively; and (8) continued environmental improvement elapsed since that transmission. The report (3) a market exists for the technology in coal-based generation and increasing the shall include, with respect to subsection (a), being demonstrated or applied, as evidenced production and supply of power generation a 10-year plan containing— by statements of interest in writing from po- facilities with less air emissions, with the ul- (1) a detailed assessment of whether the tential purchasers of the technology. timate goal of near-zero emissions, is impor- aggregate funding levels provided under sub- (d) FINANCIAL ASSISTANCE.—The Secretary tant and desirable. section (a) are the appropriate funding levels for that program; shall provide financial assistance to projects SEC. 5002. DEFINITIONS. (2) a detailed description of how proposals that meet the requirements of subsections In this division: will be solicited and evaluated, including a (a), (b), and (c) and are likely to— (1) COST AND PERFORMANCE GOALS.—The list of all activities expected to be under- (1) achieve overall cost reductions in the term ‘‘cost and performance goals’’ means taken; utilization of coal to generate useful forms the cost and performance goals established (3) a detailed list of technical milestones of energy; under section 5004. for each coal and related technology that (2) improve the competitiveness of coal (2) SECRETARY.—The term ‘‘Secretary’’ will be pursued; among various forms of energy in order to means the Secretary of Energy. (4) recommendations for a mechanism for maintain a diversity of fuel choices in the SEC. 5003. CLEAN COAL POWER INITIATIVE. recoupment of Federal funding for successful United States to meet electricity generation (a) IN GENERAL.—The Secretary shall carry commercial projects; and requirements; and out a program under— (5) a detailed description of how the pro- (3) demonstrate methods and equipment (1) this division; gram will avoid problems enumerated in that are applicable to 25 percent of the elec- (2) the Federal Nonnuclear Energy Re- General Accounting Office reports on the tricity generating facilities that use coal as search and Development Act of 1974 (42 Clean Coal Technology Program, including the primary feedstock as of the date of the U.S.C. 5901 et seq.); problems that have resulted in unspent funds enactment of this Act. (3) the Energy Reorganization Act of 1974 and projects that failed either financially or (e) FEDERAL SHARE.—The Federal share of (42 U.S.C. 5801 et seq.); and scientifically. the cost of a coal or related technology November 14, 2001 CONGRESSIONAL RECORD — SENATE S11825 project funded by the Secretary shall not ex- SEC. 6102. INVENTORY OF ENERGY PRODUCTION Regulatory Commission, shall establish an ceed 50 percent. POTENTIAL OF ALL FEDERAL PUB- administrative interagency task force to de- (f) APPLICABILITY.—Neither the use of any LIC LANDS. velop an interagency agreement to expedite particular technology, nor the achievement (a) INVENTORY REQUIREMENT.—The Sec- and facilitate the environmental review and of any emission reduction, by any facility re- retary of the Interior, in consultation with permitting of interstate natural gas pipeline ceiving assistance under this title shall be the Secretary of Agriculture and the Sec- projects. taken into account for purposes of making retary of Energy, shall conduct an inventory (b) TASK FORCE MEMBERS.—The task force any determination under the Clean Air Act of the energy production potential of all Fed- shall include a representative of each of the in applying the provisions of that Act to a eral public lands other than national park Bureau of Land Management, the United facility not receiving assistance under this lands and lands in any wilderness area, with States Fish and Wildlife Service, the Army title, including any determination con- respect to wind, solar, coal, and geothermal Corps of Engineers, the Forest Service, the cerning new source performance standards, power production. Environmental Protection Agency, the Advi- lowest achievable emission rate, best avail- (b) LIMITATIONS.— sory Council on Historic Preservation, and able control technology, or any other stand- (1) IN GENERAL.—The Secretary shall not such other agencies as the Secretary of En- ard, requirement, or limitation. include in the inventory under this section ergy and the Federal Energy Regulatory Commission consider appropriate. SEC. 5007. STUDY. the matters to be identified in the inventory (c) TERMS OF AGREEMENT.—The inter- (a) IN GENERAL.—Not later than 1 year under section 604 of the Energy Act of 2000 agency agreement shall require that agen- after the date of the enactment of this Act, (43 U.S.C. 6217). cies complete their review of interstate pipe- and once every 2 years thereafter through (2) WIND AND SOLAR POWER.—The inventory under this section— line projects within a specific period of time 2016, the Secretary, in cooperation with after referral of the matter by the Federal other appropriate Federal agencies, shall (A) with respect to wind power production shall be limited to sites having a mean aver- Energy Regulatory Commission. transmit to the Committee on Energy and (d) SUBMITTAL OF AGREEMENT.—The Sec- Commerce and the Committee on Science of age wind speed— (i) exceeding 12.5 miles per hour at a height retary of Energy shall submit a final inter- the House of Representatives, and to the agency agreement under this section to the Senate, a report containing the results of a of 33 feet; and (ii) exceeding 15.7 miles per hour at a Congress by not later than 6 months after study to— the effective date of this section. (1) identify efforts (and the costs and peri- height of 164 feet; and (B) with respect to solar power production shall be limited to SEC. 6105. ENHANCING ENERGY EFFICIENCY IN ods of time associated with those efforts) MANAGEMENT OF FEDERAL LANDS. areas rated as receiving 450 watts per square that, by themselves or in combination with (a) SENSE OF THE CONGRESS.—It is the sense meter or greater. other efforts, may be capable of achieving of Congress that Federal land managing (c) EXAMINATION OF RESTRICTIONS AND IM- the cost and performance goals; agencies should enhance the use of energy ef- (2) develop recommendations for the De- PEDIMENTS.—The inventory shall identify the ficient technologies in the management of partment of Energy to promote the efforts extent and nature of any restrictions or im- natural resources. identified under paragraph (1); and pediments to the development of such energy (b) ENERGY EFFICIENT BUILDINGS.—To the (3) develop recommendations for additional production potential. extent economically practicable, the Sec- authorities required to achieve the cost and (d) GEOTHERMAL POWER.—The inventory retary of the Interior and the Secretary of performance goals. shall include an update of the 1978 Assess- Agriculture shall seek to incorporate energy (b) EXPERT ADVICE.—In carrying out this ment of Geothermal Resources by the United efficient technologies in public and adminis- section, the Secretary shall give due weight States Geological Survey. trative buildings associated with manage- to the expert advice of representatives of the (e) COMPLETION AND UPDATING.—The ment of the National Park System, National entities described in section 5004(b). Secretary— Wildlife Refuge System, National Forest SEC. 5008. CLEAN COAL CENTERS OF EXCEL- (1) shall complete the inventory by not System, and other public lands and resources LENCE. later than 2 years after the date of the enact- managed by such Secretaries. As part of the program authorized in sec- ment of this Act; and (c) ENERGY EFFICIENT VEHICLES.—To the tion 5003, the Secretary shall award competi- (2) shall update the inventory regularly extent economically practicable, the Sec- tive, merit-based grants to universities for thereafter. retary of the Interior and the Secretary of the establishment of Centers of Excellence (f) REPORTS.—The Secretary shall submit Agriculture shall seek to use energy efficient for Energy Systems of the Future. The Sec- to the Committee on Resources of the House motor vehicles, including vehicles equipped retary shall provide grants to universities of Representatives and to the Committee on with biodiesel or hybrid engine technologies, that can show the greatest potential for ad- Energy and Natural Resources of the Senate in the management of the National Park vancing new clean coal technologies. and make publicly available— System, National Wildlife Refuge System, DIVISION F (1) a report containing the inventory under and other public lands and managed by the SEC. 6001. SHORT TITLE. this section, by not later than 2 years after Secretaries. This division may be cited as the ‘‘Energy the effective date of this section; and SEC. 6106. EFFICIENT INFRASTRUCTURE DEVEL- Security Act’’. (2) each update of such inventory. OPMENT. (a) IN GENERAL.—The Secretary of Energy TITLE I—GENERAL PROTECTIONS FOR SEC. 6103. REVIEW OF REGULATIONS TO ELIMI- NATE BARRIERS TO EMERGING EN- and the Chairman of the Federal Energy ENERGY SUPPLY AND SECURITY ERGY TECHNOLOGY. Regulatory Commission shall jointly under- SEC. 6101. STUDY OF EXISTING RIGHTS-OF-WAY (a) IN GENERAL.—Each Federal agency take a study of the location and extent of ON FEDERAL LANDS TO DETERMINE shall carry out a review of its regulations anticipated demand growth for natural gas CAPABILITY TO SUPPORT NEW PIPE- and standards to determine those that act as consumption in the Western States, herein LINES OR OTHER TRANSMISSION FA- defined as the area covered by the Western CILITIES. a barrier to market entry for emerging en- System Coordinating Council. (a) IN GENERAL.—Within 1 year after the ergy-efficient technologies, including fuel (b) CONTENTS.—The study under subsection date of the enactment of this Act, the head cells, combined heat and power, and distrib- (a) shall include the following: of each Federal agency that has authorized a uted generation (including small-scale re- newable energy). (1) A review of natural gas demand fore- right-of-way across Federal lands for trans- casts by Western State officials, such as the portation of energy supplies or transmission (b) REPORT TO CONGRESS.—No later than 18 months after date of the enactment of this California Energy Commission and the Cali- of electricity shall review each such right-of- fornia Public Utilities Commission, which Act, each agency shall provide a report to way and submit a report to the Secretary of indicate the forecasted levels of demand for the Congress and the President detailing all Energy and the Chairman of the Federal En- natural gas and the geographic distribution regulatory barriers to emerging energy-effi- ergy Regulatory Commission regarding— of that forecasted demand. (1) whether the right-of-way can be used to cient technologies, along with actions the (2) A review of the locations of proposed support new or additional capacity; and agency intends to take, or has taken, to re- new natural gas-fired electric generation fa- (2) what modifications or other changes, if move such barriers. cilities currently in the approval process in any, would be necessary to accommodate (c) PERIODIC REVIEW.—Each agency shall the Western States, and their forecasted im- such additional capacity. subsequently review its regulations and pact on natural gas demand. (b) CONSULTATIONS AND CONSIDERATIONS.— standards in this manner no less frequently (3) A review of the locations of existing In performing the review, the head of each than every 5 years, and report their findings interstate natural gas transmission pipe- agency shall— to the Congress and the President. Such re- lines, and interstate natural gas pipelines (1) consult with agencies of State, tribal, views shall include a detailed analysis of all currently in the planning stage or approval or local units of government as appropriate; agency actions taken to remove existing bar- process, throughout the Western States. and riers to emerging energy technologies. (4) A review of the locations and capacity (2) consider whether safety or other con- SEC. 6104. INTERAGENCY AGREEMENT ON ENVI- of intrastate natural gas pipelines in the cerns related to current uses might preclude RONMENTAL REVIEW OF INTER- Western States. the availability of a right-of-way for addi- STATE NATURAL GAS PIPELINE (5) Recommendations for the coordination tional or new transportation or transmission PROJECTS. of the development of the natural gas infra- facilities, and set forth those considerations (a) IN GENERAL.—The Secretary of Energy, structure indicated in paragraphs (1) through in the report. in coordination with the Federal Energy (4). S11826 CONGRESSIONAL RECORD — SENATE November 14, 2001

(c) REPORT.—The Secretary shall report ments with respect to resource field size dis- appeals, and any recommendations for expe- the findings and recommendations resulting tribution, hydrocarbon potential, and sce- diting the appeals process. from the study required by this section to narios for leasing, exploration, and develop- (c) REPORT.—The Secretaries shall report the Committee on Energy and Commerce of ment. the findings and recommendations resulting the House of Representatives and to the (2) Evaluate the lease terms and conditions from the study required by this section to Committee on Energy and Natural Resources offered by the Minerals Management Service the Committee on Resources of the House of of the Senate no later than 6 months after for Lease Sale 178, and compare the financial Representatives and to the Committee on the date of the enactment of this Act. The incentives offered by such terms and condi- Energy and Natural Resources of the Senate Chairman of the Federal Energy Regulatory tions to financial incentives offered by the no later than 6 months after the date of the Commission shall report on how the Com- terms and conditions that apply under leases enactment of this Act. mission will factor these results into its re- for other offshore areas that are competing SEC. 6223. ELIMINATION OF UNWARRANTED DE- view of applications of interstate pipelines for the same limited offshore oil and gas ex- NIALS AND STAYS. within the Western States to the Committee ploration and development capital, including (a) IN GENERAL.—The Secretary shall en- on Energy and Commerce of the House of offshore areas of West Africa and Brazil. sure that unwarranted denials and stays of Representatives and to the Committee on (3) Recommend what level of incentives for lease issuance and unwarranted restrictions Energy and Natural Resources of the Senate all water depths are appropriate in order to on lease operations are eliminated from the no later than 6 months after the date of the ensure that the United States optimizes the administration of oil and natural gas leasing enactment of this Act. domestic supply of oil and natural gas from on Federal land. TITLE II—OIL AND GAS DEVELOPMENT the offshore areas of the Gulf of Mexico that (b) PREPARATION OF LEASING PLAN OR are not subject to current leasing moratoria. ANALYSIS.—In preparing a management plan Subtitle A—Offshore Oil and Gas Recommendations under this paragraph or leasing analysis for oil or natural gas SEC. 6201. SHORT TITLE. should be made in the context of the impor- leasing on Federal lands administered by the This subtitle may be referred to as the tance of the oil and natural gas resources of Bureau of Land Management or the Forest ‘‘Royalty Relief Extension Act of 2001’’. the Gulf of Mexico to the future energy and Service, the Secretary concerned shall— SEC. 6202. LEASE SALES IN WESTERN AND CEN- economic needs of the United States. (1) identify and review the restrictions on TRAL PLANNING AREA OF THE GULF (b) REPORT.—Not later than 180 days after surface use and operations imposed under OF MEXICO. the date of the enactment of this Act, the the laws (including regulations) of the State (a) IN GENERAL.—For all tracts located in Secretary of the Interior shall submit a re- in which the lands are located; water depths of greater than 200 meters in port to the Committee on Resources in the (2) consult with the appropriate State the Western and Central Planning Area of House of Representatives and the Committee agency regarding the reasons for the State the Gulf of Mexico, including that portion of on Energy and Natural Resources in the Sen- restrictions identified under paragraph (1); the Eastern Planning Area of the Gulf of ate, summarizing the findings of the Na- (3) identify any differences between the Mexico encompassing whole lease blocks tional Academy of Sciences pursuant to sub- State restrictions identified under paragraph lying west of 87 degrees, 30 minutes West lon- section (a) and providing recommendations (1) and any restrictions on surface use and gitude, any oil or gas lease sale under the of the Secretary for new policies or other ac- operations that would apply under the lease; Outer Continental Shelf Lands Act occurring tions that could help to further increase oil and within 2 years after the date of the enact- and natural gas production from the Gulf of (4) prepare and provide upon request a ment of this Act shall use the bidding sys- Mexico. written explanation of such differences. tem authorized in section 8(a)(1)(H) of the (c) REJECTION OF OFFER TO LEASE.— Subtitle B—Improvements to Federal Oil Outer Continental Shelf Lands Act (30 U.S.C. (1) IN GENERAL.—If the Secretary rejects an and Gas Management 1337(a)(1)(H)), except that the suspension of offer to lease Federal lands for oil or natural royalties shall be set at a volume of not less SEC. 6221. SHORT TITLE. gas development on the ground that the land than the following: This subtitle may be cited as the ‘‘Federal is unavailable for oil and natural gas leasing, (1) 5 million barrels of oil equivalent for Oil and Gas Lease Management Improve- the Secretary shall provide a written, de- each lease in water depths of 400 to 800 me- ment Demonstration Program Act of 2001’’. tailed explanation of the reasons the land is ters. SEC. 6222. STUDY OF IMPEDIMENTS TO EFFI- unavailable for leasing. (2) 9 million barrels of oil equivalent for CIENT LEASE OPERATIONS. (2) PREVIOUS RESOURCE MANAGEMENT DECI- each lease in water depths of 800 to 1,600 me- (a) IN GENERAL.—The Secretary of the In- SION.—If the determination of unavailability ters. terior and the Secretary of Agriculture shall is based on a previous resource management (3) 12 million barrels of oil equivalent for jointly undertake a study of the impedi- decision, the explanation shall include a each lease in water depths greater than 1,600 ments to efficient oil and gas leasing and op- careful assessment of whether the reasons meters. erations on Federal onshore lands in order to underlying the previous decision are still (b) RELATIONSHIP TO EXISTING AUTHORITY.— identify means by which unnecessary im- persuasive. Except as expressly provided in this section, pediments to the expeditious exploration and (3) SEGREGATION OF AVAILABLE LAND FROM nothing in this section is intended to limit production of oil and natural gas on such UNAVAILABLE LAND.—The Secretary may not the authority of the Secretary of the Inte- lands can be removed. reject an offer to lease Federal land for oil rior under the Outer Continental Shelf Lands (b) CONTENTS.—The study under subsection and natural gas development that is avail- Act (43 U.S.C. 1301 et seq.) to provide royalty (a) shall include the following: able for such leasing on the ground that the suspension. (1) A review of the process by which Fed- offer includes land unavailable for leasing. SEC. 6203. SAVINGS CLAUSE. eral land managers accept or reject an offer The Secretary shall segregate available land Nothing in this subtitle shall be construed to lease, including the timeframes in which from unavailable land, on the offeror’s re- to affect any offshore pre-leasing, leasing, or such offers are acted upon, the reasons for quest following notice by the Secretary, be- development moratorium, including any any delays in acting upon such offers, and fore acting on the offer to lease. moratorium applicable to the Eastern Plan- any recommendations for expediting the re- (d) DISAPPROVAL OR REQUIRED MODIFICA- ning Area of the Gulf of Mexico located off sponse to such offers. TION OF SURFACE USE PLANS OF OPERATIONS the Gulf Coast of Florida. (2) A review of the approval process for ap- AND APPLICATION FOR PERMIT TO DRILL.—The SEC. 6204. ANALYSIS OF GULF OF MEXICO FIELD plications for permits to drill, including the Secretary shall provide a written, detailed SIZE DISTRIBUTION, INTER- timeframes in which such applications are explanation of the reasons for disapproving NATIONAL COMPETITIVENESS, AND approved, the impact of compliance with or requiring modifications of any surface use INCENTIVES FOR DEVELOPMENT. other Federal laws on such timeframes, any plan of operations or application for permit (a) IN GENERAL.—The Secretary of the In- other reasons for delays in making such ap- to drill with respect to oil or natural gas de- terior and the Secretary of Energy shall provals, and any recommendations for expe- velopment on Federal lands. enter into appropriate arrangements with diting such approvals. (e) PRESERVATION OF FEDERAL AUTHOR- the National Academy of Sciences to com- (3) A review of the approval process for sur- ITY.—Nothing in this section or in any iden- mission the Academy to perform the fol- face use plans of operation, including the tification, review, or explanation prepared lowing: timeframes in which such applications are under this section shall be construed— (1) Conduct an analysis and review of exist- approved, the impact of compliance with (1) to limit the authority of the Federal ing Gulf of Mexico oil and natural gas re- other Federal laws on such timeframes, any Government to impose lease stipulations, re- source assessments, including— other reasons for delays in making such ap- strictions, requirements, or other terms that (A) analysis and review of assessments re- provals, and any recommendations for expe- are different than those that apply under cently performed by the Minerals Manage- diting such approvals. State law; or ment Service, the 1999 National Petroleum (4) A review of the process for administra- (2) to affect the procedures that apply to Council Gas Study, the Department of Ener- tive appeal of decisions or orders of officers judicial review of actions taken under this gy’s Offshore Marginal Property Study, and or employees of the Bureau of Land Manage- subsection. the Advanced Resources International, Inc. ment with respect to a Federal oil or gas SEC. 6224. LIMITATION ON COST RECOVERY FOR Deepwater Gulf of Mexico model; and lease, including the timeframes in which APPLICATIONS. (B) evaluation and comparison of the accu- such appeals are heard and decided, any rea- Notwithstanding sections 304 and 504 of the racy of assumptions of the existing assess- sons for delays in hearing or deciding such Federal Land Policy and Management Act of November 14, 2001 CONGRESSIONAL RECORD — SENATE S11827 1976 (43 U.S.C. 1734, 1764) and section 9701 of tion for the amount delivered, except that Continental Shelf Lands Act (30 U.S.C. title 31, United States Code, the Secretary transportation and processing reimburse- 1337(g)) of revenues derived from the sale of shall not recover the Secretary’s costs with ments paid to, or deductions claimed by, the royalty production taken in kind from a respect to applications and other documents lessee shall be subject to review and audit. lease, the Secretary of the Interior shall de- relating to oil and gas leases. (2) Royalty production shall be placed in duct amounts paid or deducted under sub- SEC. 6225. CONSULTATION WITH SECRETARY OF marketable condition by the lessee at no sections (b)(4) and (c), and shall deposit such AGRICULTURE. cost to the United States. amounts to miscellaneous receipts. Section 17(h) of the Mineral Leasing Act (3) The Secretary of the Interior may— (2) ACCOUNTING FOR DEDUCTIONS.—If the (30 U.S.C. 226(h)) is amended to read as fol- (A) sell or otherwise dispose of any royalty Secretary of the Interior allows the lessee to lows: oil or gas taken in kind (other than oil or deduct transportation or processing costs ‘‘(h)(1) In issuing any lease on National gas taken under section 27(a)(3) of the Outer under subsection (c), the Secretary may not Forest System lands reserved from the pub- Continental Shelf Lands Act (43 U.S.C. reduce any payments to recipients of reve- lic domain, the Secretary of the Interior 1353(a)(3)) for not less than the market price; nues derived from any other Federal oil and shall consult with the Secretary of Agri- and gas lease as a consequence of that deduction. culture in determining stipulations on sur- (B) transport or process any oil or gas roy- (g) CONSULTATION WITH STATES.—The Sec- face use under the lease. alty taken in kind. retary of the Interior— ‘‘(2)(A) A lease on lands referred to in para- (4) The Secretary of the Interior may, not- (1) shall consult with a State before con- graph (1) may not be issued if the Secretary withstanding section 3302 of title 31, United ducting a royalty in kind program under this title within the State, and may delegate of Agriculture determines, after consulta- States Code, retain and use a portion of the management of any portion of the Federal tion under paragraph (1) and consultation revenues from the sale of oil and gas royal- royalty in kind program to such State ex- with the Regional Forester having adminis- ties taken in kind that otherwise would be cept as otherwise prohibited by Federal law; trative jurisdiction over the National Forest deposited to miscellaneous receipts, without regard to fiscal year limitation, or may use and System Lands concerned, that the terms and (2) shall consult annually with any State conditions of the lease, including any prohi- royalty production, to pay the cost of— (A) transporting the oil or gas, from which Federal oil or gas royalty is bition on surface occupancy for lease oper- being taken in kind to ensure to the max- ations, will not be sufficient to adequately (B) processing the gas, or (C) disposing of the oil or gas. imum extent practicable that the royalty in protect such lands under the National Forest kind program provides revenues to the State Management Act of 1976 (16 U.S.C. 1600 et (5) The Secretary may not use revenues from the sale of oil and gas royalties taken greater than or equal to those which would seq.). be realized under a comparable royalty in ‘‘(B) The authority of the Secretary of Ag- in kind to pay for personnel, travel, or other administrative costs of the Federal Govern- value program. riculture under this paragraph may be dele- (h) PROVISIONS FOR SMALL REFINERIES.— ment. gated only to the Undersecretary of Agri- (1) PREFERENCE.—If the Secretary of the (c) REIMBURSEMENT OF COST.—If the lessee, culture for Natural Resources and Environ- Interior determines that sufficient supplies pursuant to an agreement with the United ment. of crude oil are not available in the open States or as provided in the lease, processes ‘‘(3) The Secretary of Agriculture shall in- market to refineries not having their own the royalty gas or delivers the royalty oil or clude in the record of decision for a deter- source of supply for crude oil, the Secretary gas at a point not on or adjacent to the lease mination under paragraph (2)(A)— may grant preference to such refineries in area, the Secretary of the Interior shall— ‘‘(A) any written statement regarding the the sale of any royalty oil accruing or re- (1) reimburse the lessee for the reasonable determination that is prepared by a Regional served to the United States under Federal oil costs of transportation (not including gath- Forester consulted by the Secretary under and gas leases issued under any mineral leas- ering) from the lease to the point of delivery paragraph (2)(A) regarding the determina- ing law, for processing or use in such refin- or for processing costs; or tion; or eries at private sale at not less than the ‘‘(B) an explanation why such a statement (2) at the discretion of the Secretary of the Interior, allow the lessee to deduct such market price. by the Regional Forester is not included. (2) PRORATION AMONG REFINERIES IN PRO- transportation or processing costs in report- Subtitle C—Miscellaneous DUCTION AREA.—In disposing of oil under this ing and paying royalties in value for other subsection, the Secretary of the Interior SEC. 6231. OFFSHORE SUBSALT DEVELOPMENT. Federal oil and gas leases. may, at the discretion of the Secretary, pro- Section 5 of the Outer Continental Shelf (d) BENEFIT TO THE UNITED STATES RE- rate such oil among such refineries in the Lands Act of 1953 (43 U.S.C. 1334) is amended QUIRED.—The Secretary may receive oil or area in which the oil is produced. by adding at the end the following: gas royalties in kind only if the Secretary ‘‘(k) SUSPENSION OF OPERATIONS FOR (i) DISPOSITION TO FEDERAL AGENCIES.— determines that receiving such royalties pro- (1) ONSHORE ROYALTY.—Any royalty oil or SUBSALT EXPLORATION.—Notwithstanding vides benefits to the United States greater gas taken by the Secretary in kind from on- any other provision of law or regulation, to than or equal to those that would be realized shore oil and gas leases may be sold at not prevent waste caused by the drilling of un- under a comparable royalty in value pro- less than the market price to any depart- necessary wells and to facilitate the dis- gram. ment or agency of the United States. covery of additional hydrocarbon reserves, (e) REPORT TO CONGRESS.—For each of the (2) OFFSHORE ROYALTY.—Any royalty oil or the Secretary may grant a request for a sus- fiscal years 2002 through 2006 in which the gas taken in kind from Federal oil and gas pension of operations under any lease to United States takes oil or gas royalties in leases on the Outer Continental Shelf may be allow the reprocessing and reinterpretation kind from production in any State or from disposed of only under section 27 of the Outer of geophysical data to identify and define the Outer Continental Shelf, excluding roy- Continental Shelf Lands Act (43 U.S.C. 1353). drilling objectives beneath allochthonous alties taken in kind and sold to refineries (j) PREFERENCE FOR FEDERAL LOW-INCOME salt sheets.’’. under subsection (h), the Secretary of the In- ENERGY ASSISTANCE PROGRAMS.—In disposing SEC. 6232. PROGRAM ON OIL AND GAS ROYALTIES terior shall provide a report to the Congress of royalty oil or gas taken in kind under this IN KIND. describing— section, the Secretary may grant a pref- (a) APPLICABILITY OF SECTION.—Notwith- (1) the methodology or methodologies used erence to any person, including any State or standing any other provision of law, the pro- by the Secretary to determine compliance Federal agency, for the purpose of providing visions of this section shall apply to all roy- with subsection (d), including performance additional resources to any Federal low-in- alty in kind accepted by the Secretary of the standards for comparing amounts received come energy assistance program. Interior under any Federal oil or gas lease or by the United States derived from such roy- SEC. 6233. MARGINAL WELL PRODUCTION INCEN- permit under section 36 of the Mineral Leas- alties in kind to amounts likely to have been TIVES. ing Act (30 U.S.C. 192), section 27 of the Outer received had royalties been taken in value; To enhance the economics of marginal oil Continental Shelf Lands Act (43 U.S.C. 1353), (2) an explanation of the evaluation that and gas production by increasing the ulti- or any other mineral leasing law, in the pe- led the Secretary to take royalties in kind mate recovery from marginal wells when the riod beginning on the date of the enactment from a lease or group of leases, including the cash price of West Texas Intermediate crude of this Act through September 30, 2006. expected revenue effect of taking royalties oil, as posted on the Dow Jones Commodities (b) TERMS AND CONDITIONS.—All royalty ac- in kind; Index chart, is less than $15 per barrel for 180 cruing to the United States under any Fed- (3) actual amounts received by the United consecutive pricing days or when the price of eral oil or gas lease or permit under the Min- States derived from taking royalties in kind, natural gas delivered at Henry Hub, Lou- eral Leasing Act (30 U.S.C. 181 et seq.) or the and costs and savings incurred by the United isiana, is less than $2.00 per million British Outer Continental Shelf Lands Act (43 U.S.C. States associated with taking royalties in thermal units for 180 consecutive days, the 1331 et seq.) shall, on the demand of the Sec- kind; and Secretary shall reduce the royalty rate as retary of the Interior, be paid in oil or gas. (4) an evaluation of other relevant public production declines for— If the Secretary of the Interior makes such a benefits or detriments associated with tak- (1) onshore oil wells producing less than 30 demand, the following provisions apply to ing royalties in kind. barrels per day; such payment: (f) DEDUCTION OF EXPENSES.— (2) onshore gas wells producing less than (1) Delivery by, or on behalf of, the lessee (1) IN GENERAL.—Before making payments 120 million British thermal units per day; of the royalty amount and quality due under under section 35 of the Mineral Leasing Act (3) offshore oil wells producing less than the lease satisfies the lessee’s royalty obliga- (30 U.S.C. 191) or section 8(g) of the Outer 300 barrels of oil per day; and S11828 CONGRESSIONAL RECORD — SENATE November 14, 2001 (4) offshore gas wells producing less than TITLE III—GEOTHERMAL ENERGY thermal resources’’ means geothermal steam 1,200 million British thermal units per day. DEVELOPMENT and associated geothermal resources having SEC. 6234. REIMBURSEMENT FOR COSTS OF NEPA SEC. 6301. ROYALTY REDUCTION AND RELIEF. a temperature of less than 195 degrees Fahr- ANALYSES, DOCUMENTATION, AND (a) ROYALTY REDUCTION.—Section 5(a) of enheit. STUDIES. the Geothermal Steam Act of 1970 (30 U.S.C. ‘‘(B) QUALIFIED DEVELOPMENT AND DIRECT (a) IN GENERAL.—The Mineral Leasing Act 1004(a)) is amended by striking ‘‘not less UTILIZATION.—The term ‘‘qualified develop- (30 U.S.C. 181 et seq.) is amended by inserting than 10 per centum or more than 15 per cen- ment and direct utilization’’ means develop- after section 37 the following: tum’’ and inserting ‘‘not more than 8 per ment and utilization in which all products of ‘‘REIMBURSEMENT FOR COSTS OF CERTAIN centum’’. geothermal resources, other than any heat ANALYSES, DOCUMENTATION, AND STUDIES utilized, are returned to the geothermal for- (b) ROYALTY RELIEF.— mation from which they are produced.’’. ‘‘SEC. 38. (a) IN GENERAL.—Effective Octo- (1) IN GENERAL.—Notwithstanding section 5 ber 1, 2003, the Secretary of the Interior may, of the Geothermal Steam Act of 1970 (30 (b) EFFECTIVE DATE.—The provisions of through royalty credits, reimburse a person U.S.C. 1004(a)) and any provision of any lease this section shall take effect on October 1, who is a lessee, operator, operating rights under that Act, no royalty is required to be 2003. owner, or applicant for an oil or gas lease paid— SEC. 6303. AMENDMENTS RELATING TO LEASING under this Act for amounts paid by the per- (A) under any qualified geothermal energy ON FOREST SERVICE LANDS. son for preparation by the Secretary (or a lease with respect to commercial production The Geothermal Steam Act of 1970 is contractor or other person selected by the of heat or energy from a facility that begins amended— (1) in section 15(b) (30 U.S.C. 1014(b))— Secretary) of any project-level analysis, doc- such production in the 5–year period begin- (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and umentation, or related study required under ning on the date of the enactment of this (B) in paragraph (1) (as designated by sub- the National Environmental Policy Act of Act; or paragraph (A) of this paragraph) in the first 1969 (42 U.S.C. 4321 et seq.) with respect to (B) on qualified expansion geothermal en- the lease. sentence— ergy. (i) by striking ‘‘with the consent of, and’’ ‘‘(b) CONDITIONS.—The Secretary may pro- YEAR APPLICATION.—Paragraph (1) ap- (2) 3– and inserting ‘‘after consultation with the vide reimbursement under subsection (b) plies only to commercial production of heat only if— Secretary of Agriculture and’’; and or energy from a facility in the first 3 years (ii) by striking ‘‘the head of that Depart- ‘‘(1) adequate funding to enable the Sec- of such production. retary to timely prepare the analysis, docu- ment’’ and inserting ‘‘the Secretary of Agri- (c) DEFINITIONS.—In this section: mentation, or related study is not appro- culture’’; and (1) QUALIFIED EXPANSION GEOTHERMAL EN- (2) by adding at the end the following: priated; ERGY.—The term ‘‘qualified expansion geo- ‘‘(2) the person paid the costs voluntarily; ‘‘(2)(A) A geothermal lease for lands with- thermal energy’’— and drawn or acquired in aid of functions of the (A) subject to subparagraph (B), means ‘‘(3) the person maintains records of its Department of Agriculture may not be geothermal energy produced from a genera- costs in accordance with regulations pre- issued if the Secretary of Agriculture, after tion facility for which the rated capacity is scribed by the Secretary.’’. the consultation required by paragraph (1) (b) APPLICATION.—The amendments made increased by more than 10 percent as a result and consultation with any Regional Forester by this section shall apply with respect to of expansion of the facility carried out in the having administrative jurisdiction over the any lease entered into before, on, or after the 5-year period beginning on the date of the lands concerned, determines that no terms date of the enactment of this Act. enactment of this Act; and or conditions, including a prohibition on sur- (c) DEADLINE FOR REGULATIONS.—The Sec- (B) does not include the rated capacity of face occupancy for lease operations, would retary shall issue regulations implementing the generation facility on the date of the en- be sufficient to adequately protect such the amendments made by this section by not actment of this Act. lands under the National Forest Manage- later than 90 days after the date of the enact- (2) QUALIFIED GEOTHERMAL ENERGY LEASE.— ment Act of 1976 (16 U.S.C. 1600 et seq.). ment of this Act. The term ‘‘qualified geothermal energy ‘‘(B) The authority of the Secretary of Ag- SEC. 6235. ENCOURAGEMENT OF STATE AND PRO- lease’’ means a lease under the Geothermal riculture under this paragraph may be dele- VINCIAL PROHIBITIONS ON OFF- Steam Act of 1970 (30 U.S.C. 1001 et seq.)— gated only to the Undersecretary of Agri- SHORE DRILLING IN THE GREAT (A) that was executed before the end of the culture for Natural Resources and Environ- LAKES. 5-year period beginning on the date of the ment. (a) FINDINGS.—The Congress finds the fol- enactment of this Act; and ‘‘(3) The Secretary of Agriculture shall in- lowing: (B) under which no commercial production clude in the record of decision for a deter- (1) The water resources of the Great Lakes of any form of heat or energy occurred before mination under paragraph (2)(A)— Basin are precious public natural resources, the date of the enactment of this Act. ‘‘(A) any written statement regarding the shared and held in trust by the States of Illi- (d) EFFECTIVE DATE.—The provisions of determination that is prepared by a Regional nois, Indiana, Michigan, Minnesota, New this section shall take effect on October 1, Forester consulted by the Secretary under York, Ohio, Pennsylvania, and Wisconsin, 2003. paragraph (2)(A) regarding the determina- and the Canadian Province of Ontario. SEC. 6302. EXEMPTION FROM ROYALTIES FOR DI- tion; or (2) The environmental dangers associated RECT USE OF LOW TEMPERATURE ‘‘(B) an explanation why such a statement with off-shore drilling in the Great Lakes for GEOTHERMAL ENERGY RESOURCES. by the Regional Forester is not included.’’. oil and gas outweigh the potential benefits of (a) IN GENERAL.—Section 5 of the Geo- SEC. 6304. DEADLINE FOR DETERMINATION ON such drilling. thermal Steam Act of 1970 (30 U.S.C. 1004) is PENDING NONCOMPETITIVE LEASE (3) In accordance with the Submerged amended— APPLICATIONS. Lands Act (43 U.S.C. 1301 et seq.), each State (1) in paragraph (c) by redesignating sub- Not later than 90 days after the date of the that borders any of the Great Lakes has au- paragraphs (1) and (2) as subparagraphs (A) enactment of this Act, the Secretary of the thority over the area between that State’s and (B); Interior shall, with respect to each applica- coastline and the boundary of Canada or an- (2) by redesignating paragraphs (a) through tion pending on the date of the enactment of other State. (d) in order as paragraphs (1) through (4); this Act for a lease under the Geothermal (4) The States of Illinois, Michigan, New (3) by inserting ‘‘(a) IN GENERAL.—‘‘ AFTER Steam Act of 1970 (30 U.S.C. 1001 et seq.), York, Pennsylvania, and Wisconsin each ‘‘SEC. 5.’’; AND issue a final determination of— have a statutory prohibition of off-shore (4) by adding at the end the following new (1) whether or not to conduct a lease sale drilling in the Great Lakes for oil and gas. subsection: by competitive bidding; and (5) The States of Indiana, Minnesota, and ‘‘(b) EXEMPTION FOR USE OF LOW TEMPERA- (2) whether or not to award a lease without Ohio do not have such a prohibition. (6) The Canadian Province of Ontario does TURE RESOURCES.— competitive bidding. not have such a prohibition, and drilling for ‘‘(1) IN GENERAL.—In lieu of any royalty or SEC. 6305. OPENING OF PUBLIC LANDS UNDER and production of gas occurs in the Canadian rental under subsection (a), a lease for quali- MILITARY JURISDICTION. portion of Lake Erie. fied development and direct utilization of (a) IN GENERAL.—Except as otherwise pro- (b) ENCOURAGEMENT OF STATE AND PROVIN- low temperature geothermal resources shall vided in the Geothermal Steam Act of 1970 CIAL PROHIBITIONS.—The Congress provide for payment by the lessee of an an- (30 U.S.C. 1001 et seq.) and other provisions of encourages— nual fee of not less than $100, and not more Federal law applicable to development of (1) the States of Illinois, Michigan, New than $1,000, in accordance with the schedule geothermal energy resources within public York, Pennsylvania, and Wisconsin to con- issued under paragraph (2). lands, all public lands under the jurisdiction tinue to prohibit off-shore drilling in the ‘‘(2) SCHEDULE.—The Secretary shall issue of a Secretary of a military department shall Great Lakes for oil and gas; a schedule of fees under this section under be open to the operation of such laws and de- (2) the States of Indiana, Minnesota, and which a fee is based on the scale of develop- velopment and utilization of geothermal Ohio and the Canadian Province of Ontario ment and utilization to which the fee ap- steam and associated geothermal resources, to enact a prohibition of such drilling; and plies. as that term is defined in section 2 of the (3) the Canadian Province of Ontario to re- ‘‘(3) DEFINITIONS.—In this subsection: Geothermal Steam Act of 1970 (30 U.S.C. quire the cessation of any such drilling and ‘‘(A) LOW TEMPERATURE GEOTHERMAL RE- 1001), without the necessity for further ac- any production resulting from such drilling. SOURCES.—The term ‘‘low temperature geo- tion by the Secretary or the Congress. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11829

(b) CONFORMING AMENDMENT.—Section 2689 (b) APPLICATION.—The amendments made (c) LOCAL COST SHARING.—In addition to of title 10, United States Code, is amended by by this section shall apply with respect to reimbursable costs under subsection (b), the striking ‘‘including public lands,’’ and in- any lease entered into before, on, or after the Secretary shall seek contributions from serting ‘‘other than public lands,’’. date of the enactment of this Act. power users toward the costs of the (c) TREATMENT OF EXISTING LEASES.—Upon (c) DEADLINE FOR REGULATIONS.—The Sec- powerformer and its installation. the expiration of any lease in effect on the retary shall issue regulations implementing SEC. 6403. STUDY AND IMPLEMENTATION OF IN- date of the enactment of this Act of public the amendments made by this section by not CREASED OPERATIONAL EFFI- lands under the jurisdiction of a military de- later than 90 days after the date of the enact- CIENCIES IN HYDROELECTRIC partment for the development of any geo- ment of this Act. POWER PROJECTS. thermal resource, such lease may, at the op- TITLE IV—HYDROPOWER (a) IN GENERAL.—The Secretary of Interior tion of the lessee— shall conduct a study of operational methods (1) be treated as a lease under the Geo- SEC. 6401. STUDY AND REPORT ON INCREASING and water scheduling techniques at all hy- ELECTRIC POWER PRODUCTION CA- droelectric power plants under the adminis- thermal Steam Act of 1970 (30 U.S.C. 1001 et PABILITY OF EXISTING FACILITIES. seq.), and be renewed in accordance with trative jurisdiction of the Secretary that (a) IN GENERAL.—The Secretary of the In- have an electric power production capacity such Act; or terior shall conduct a study of the potential (2) be renewed in accordance with the greater than 50 megawatts, to— for increasing electric power production ca- terms of the lease, if such renewal is author- (1) determine whether such power plants pability at existing facilities under the ad- ized by such terms. and associated river systems are operated so ministrative jurisdiction of the Secretary. (d) REGULATIONS.—The Secretary of the In- as to maximize energy and capacity capabili- (b) CONTENT.—The study under this section terior, with the advice and concurrence of ties; and shall include identification and description the Secretary of the military department (2) identify measures that can be taken to in detail of each facility that is capable, with concerned, shall prescribe such regulations improve operational flexibility at such or without modification, of producing addi- to carry out this section as may be nec- plants to achieve such maximization. tional hydroelectric power, including esti- essary. Such regulations shall contain guide- (b) REPORT.—The Secretary shall submit a mation of the existing potential for the facil- lines to assist in determining how much, if report on the findings, conclusions, and rec- ity to generate hydroelectric power. any, of the surface of any lands opened pur- ommendations of the study under this sec- (c) REPORT.—The Secretary shall submit to suant to this section may be used for pur- tion by not later than 18 months after the the Congress a report on the findings, con- poses incident to geothermal energy re- date of the enactment of this Act, including clusions, and recommendations of the study sources development and utilization. a summary of the determinations and identi- under this section by not later than 12 (e) CLOSURE FOR PURPOSES OF NATIONAL DE- fications under paragraphs (1) and (2) of sub- months after the date of the enactment of FENSE OR SECURITY.—In the event of a na- section (a). this Act. The Secretary shall include in the tional emergency or for purposes of national (c) COOPERATION BY FEDERAL POWER MAR- report the following: defense or security, the Secretary of the In- KETING ADMINISTRATIONS.—The Secretary (1) The identifications, descriptions, and terior, at the request of the Secretary of the shall coordinate with the Administrator of estimations referred to in subsection (b). military department concerned, shall close each Federal power marketing administra- (2) A description of activities the Sec- any lands that have been opened to geo- tion in— retary is currently conducting or consid- thermal energy resources leasing pursuant (1) determining how the value of electric ering, or that could be considered, to produce to this section. power produced by each hydroelectric power additional hydroelectric power from each SEC. 6306. APPLICATION OF AMENDMENTS. facility that produces power marketed by identified facility. the administration can be maximized; and The amendments made by this title apply (3) A summary of action that has already with respect to any lease executed before, (2) implementing measures identified been taken by the Secretary to produce addi- under subsection (a)(2). on, or after the date of the enactment of this tional hydroelectric power from each identi- Act. (d) LIMITATION ON IMPLEMENTATION OF fied facility. MEASURES.—Implementation under sub- SEC. 6307. REVIEW AND REPORT TO CONGRESS. (4) The costs to install, upgrade, or modify sections (a)(2) and (b)(2) shall be limited to The Secretary of the Interior shall prompt- equipment or take other actions to produce those measures that can be implemented ly review and report to the Congress regard- additional hydroelectric power from each within the constraints imposed on Depart- ing the status of all moratoria on and with- identified facility. ment of the Interior facilities by other uses drawals from leasing under the Geothermal (5) The benefits that would be achieved by required by law. Steam Act of 1970 (30 U.S.C. 1001 et seq.) of such installation, upgrade, modification, or known geothermal resources areas (as that SEC. 6404. SHIFT OF PROJECT LOADS TO OFF- other action, including quantified estimates PEAK PERIODS. term is defined in section 2 of that Act (30 of any additional energy or capacity from (a) IN GENERAL.—The Secretary of the In- U.S.C. 1001), specifying for each such area each facility identified under subsection (b). whether the basis for such moratoria or terior shall— (6) A description of actions that are (1) review electric power consumption by withdrawal still applies. planned, underway, or might reasonably be Bureau of Reclamation facilities for water SEC. 6308. REIMBURSEMENT FOR COSTS OF NEPA considered to increase hydroelectric power pumping purposes; and ANALYSES, DOCUMENTATION, AND production by replacing turbine runners. STUDIES. (2) make such adjustments in such pump- (7) A description of actions that are ing as possible to minimize the amount of (a) IN GENERAL.—The Geothermal Steam planned, underway, or might reasonably be electric power consumed for such pumping Act of 1970 (30 U.S.C. 1001 et seq.) is amended considered to increase hydroelectric power by adding at the end the following: during periods of peak electric power con- production by performing generator uprates sumption, including by performing as much ‘‘REIMBURSEMENT FOR COSTS OF CERTAIN and rewinds. of such pumping as possible during off-peak ANALYSES, DOCUMENTATION, AND STUDIES (8) The impact of increased hydroelectric hours at night. ‘‘Sec. 38. (a) IN GENERAL.—Effective Octo- power production on irrigation, fish, wildlife, (b) CONSENT OF AFFECTED IRRIGATION CUS- ber 1, 2003, The Secretary of the Interior Indian tribes, river health, water quality, TOMERS REQUIRED.—The Secretary may not may, through royalty credits, reimburse a navigation, recreation, fishing, and flood under this section make any adjustment in person who is a lessee, operator, operating control. pumping at a facility without the consent of rights owner, or applicant for a lease under (9) Any additional recommendations the each person that has contracted with the this Act for amounts paid by the person for Secretary considers advisable to increase hy- United States for delivery of water from the preparation by the Secretary (or a con- droelectric power production from, and re- facility for use for irrigation and that would tractor or other person selected by the Sec- duce costs and improve efficiency at, facili- be affected by such adjustment. retary) of any project-level analysis, docu- ties under the jurisdiction of the Secretary. (c) EXISTING OBLIGATIONS NOT AFFECTED.— mentation, or related study required under SEC. 6402. INSTALLATION OF POWERFORMER AT This section shall not be construed to affect the National Environmental Policy Act of FOLSOM POWER PLANT, CALI- any existing obligation of the Secretary to 1969 (42 U.S.C. 4321 et seq.) with respect to FORNIA. provide electric power, water, or other bene- the lease. (a) IN GENERAL.—The Secretary of the In- fits from Bureau of Reclamation facilities. terior may install a powerformer at the Bu- ‘‘(b) CONDITIONS.—The Secretary shall pro- TITLE V—ARCTIC COASTAL PLAIN reau of Reclamation Folsom power plant in vide reimbursement under subsection (a) DOMESTIC ENERGY only if— Folsom, California, to replace a generator ‘‘(1) adequate funding to enable the Sec- and transformer that are due for replace- SEC. 6501. SHORT TITLE. retary to timely prepare the analysis, docu- ment due to age. This title may be cited as the ‘‘Arctic mentation, or related study is not appro- (b) REIMBURSABLE COSTS.—Costs incurred Coastal Plain Domestic Energy Security Act priated; by the United States for installation of a of 2001’’. ‘‘(2) the person paid the costs voluntarily; powerformer under this section shall be SEC. 6502. DEFINITIONS. and treated as reimbursable costs and shall bear In this title: ‘‘(3) the person maintains records of its interest at current long-term borrowing (1) COASTAL PLAIN.—The term ‘‘Coastal costs in accordance with regulations pre- rates of the United States Treasury at the Plain’’ means that area identified as such in scribed by the Secretary.’’. time of acquisition. the map entitled ‘‘Arctic National Wildlife S11830 CONGRESSIONAL RECORD — SENATE November 14, 2001

Refuge’’, dated August 1980, as referenced in action and related analysis for the first lease (c) LEASE SALE BIDS.—Bidding for leases section 1002(b) of the Alaska National Inter- sale under this title shall be completed with- under this title shall be by sealed competi- est Lands Conservation Act of 1980 (16 U.S.C. in 18 months after the date of the enactment tive cash bonus bids. 3142(b)(1)), comprising approximately of this Act. The Secretary shall only con- (d) ACREAGE MINIMUM IN FIRST SALE.—In 1,549,000 acres. sider public comments that specifically ad- the first lease sale under this title, the Sec- (2) SECRETARY.—The term ‘‘Secretary’’, ex- dress the Secretary’s preferred action and retary shall offer for lease those tracts the cept as otherwise provided, means the Sec- that are filed within 20 days after publica- Secretary considers to have the greatest po- retary of the Interior or the Secretary’s des- tion of an environmental analysis. Notwith- tential for the discovery of hydrocarbons, ignee. standing any other law, compliance with this taking into consideration nominations re- SEC. 6503. LEASING PROGRAM FOR LANDS WITH- paragraph is deemed to satisfy all require- ceived pursuant to subsection (b)(1), but in IN THE COASTAL PLAIN. ments for the analysis and consideration of no case less than 200,000 acres. (a) IN GENERAL.—The Secretary shall take the environmental effects of proposed leas- (e) TIMING OF LEASE SALES.—The Secretary such actions as are necessary— ing under this title. shall— (1) to establish and implement in accord- (d) RELATIONSHIP TO STATE AND LOCAL AU- (1) conduct the first lease sale under this ance with this title a competitive oil and gas THORITY.—Nothing in this title shall be con- title within 22 months after the date of the leasing program under the Mineral Leasing sidered to expand or limit State and local enactment of this title; and Act (30 U.S.C. 181 et seq.) that will result in regulatory authority. (2) conduct additional sales so long as suf- an environmentally sound program for the (e) SPECIAL AREAS.— ficient interest in development exists to war- exploration, development, and production of (1) IN GENERAL.—The Secretary, after con- rant, in the Secretary’s judgment, the con- the oil and gas resources of the Coastal sultation with the State of Alaska, the city duct of such sales. Plain; and of Kaktovik, and the North Slope Borough, SEC. 6505. GRANT OF LEASES BY THE SEC- (2) to administer the provisions of this may designate up to a total of 45,000 acres of RETARY. title through regulations, lease terms, condi- the Coastal Plain as a Special Area if the (a) IN GENERAL.—The Secretary may grant tions, restrictions, prohibitions, stipula- Secretary determines that the Special Area to the highest responsible qualified bidder in tions, and other provisions that ensure the is of such unique character and interest so as a lease sale conducted pursuant to section oil and gas exploration, development, and to require special management and regu- 6504 any lands to be leased on the Coastal production activities on the Coastal Plain latory protection. The Secretary shall des- Plain upon payment by the lessee of such will result in no significant adverse effect on ignate as such a Special Area the bonus as may be accepted by the Secretary. fish and wildlife, their habitat, subsistence Sadlerochit Spring area, comprising approxi- (b) SUBSEQUENT TRANSFERS.—No lease resources, and the environment, and includ- mately 4,000 acres as depicted on the map re- issued under this title may be sold, ex- ing, in furtherance of this goal, by requiring ferred to in section 6502(1). changed, assigned, sublet, or otherwise the application of the best commercially (2) MANAGEMENT.—Each such Special Area transferred except with the approval of the available technology for oil and gas explo- shall be managed so as to protect and pre- Secretary. Prior to any such approval the ration, development, and production to all serve the area’s unique and diverse character Secretary shall consult with, and give due exploration, development, and production including its fish, wildlife, and subsistence consideration to the views of, the Attorney operations under this title in a manner that resource values. General. ensures the receipt of fair market value by (3) EXCLUSION FROM LEASING OR SURFACE SEC. 6506. LEASE TERMS AND CONDITIONS. the public for the mineral resources to be OCCUPANCY.—The Secretary may exclude any (a) IN GENERAL.—An oil or gas lease issued leased. Special Area from leasing. If the Secretary pursuant to this title shall— (b) REPEAL.—Section 1003 of the Alaska Na- leases a Special Area, or any part thereof, (1) provide for the payment of a royalty of tional Interest Lands Conservation Act of for purposes of oil and gas exploration, devel- not less than 121⁄2 percent in amount or value 1980 (16 U.S.C. 3143) is repealed. opment, production, and related activities, of the production removed or sold from the (c) COMPLIANCE WITH REQUIREMENTS UNDER there shall be no surface occupancy of the lease, as determined by the Secretary under CERTAIN OTHER LAWS.— lands comprising the Special Area. the regulations applicable to other Federal (1) COMPATIBILITY.—For purposes of the (4) DIRECTIONAL DRILLING.—Notwith- oil and gas leases; National Wildlife Refuge System Adminis- standing the other provisions of this sub- (2) provide that the Secretary may close, tration Act of 1966, the oil and gas leasing section, the Secretary may lease all or a por- on a seasonal basis, portions of the Coastal program and activities authorized by this tion of a Special Area under terms that per- Plain to exploratory drilling activities as section in the Coastal Plain are deemed to be mit the use of horizontal drilling technology necessary to protect caribou calving areas compatible with the purposes for which the from sites on leases located outside the area. and other species of fish and wildlife; Arctic National Wildlife Refuge was estab- (f) LIMITATION ON CLOSED AREAS.—The Sec- (3) require that the lessee of lands within lished, and that no further findings or deci- retary’s sole authority to close lands within the Coastal Plain shall be fully responsible sions are required to implement this deter- the Coastal Plain to oil and gas leasing and and liable for the reclamation of lands with- mination. to exploration, development, and production in the Coastal Plain and any other Federal (2) ADEQUACY OF THE DEPARTMENT OF THE is that set forth in this title. lands that are adversely affected in connec- INTERIOR’S LEGISLATIVE ENVIRONMENTAL IM- (g) REGULATIONS.— tion with exploration, development, produc- PACT STATEMENT.—The ‘‘Final Legislative (1) IN GENERAL.—The Secretary shall pre- tion, or transportation activities conducted Environmental Impact Statement’’ (April scribe such regulations as may be necessary under the lease and within the Coastal Plain 1987) on the Coastal Plain prepared pursuant to carry out this title, including rules and by the lessee or by any of the subcontractors to section 1002 of the Alaska National Inter- regulations relating to protection of the fish or agents of the lessee; est Lands Conservation Act of 1980 (16 U.S.C. and wildlife, their habitat, subsistence re- (4) provide that the lessee may not dele- 3142) and section 102(2)(C) of the National En- sources, and environment of the Coastal gate or convey, by contract or otherwise, the vironmental Policy Act of 1969 (42 U.S.C. Plain, by no later than 15 months after the reclamation responsibility and liability to 4332(2)(C)) is deemed to satisfy the require- date of the enactment of this Act. another person without the express written ments under the National Environmental (2) REVISION OF REGULATIONS.—The Sec- approval of the Secretary; Policy Act of 1969 that apply with respect to retary shall periodically review and, if ap- (5) provide that the standard of reclama- actions authorized to be taken by the Sec- propriate, revise the rules and regulations tion for lands required to be reclaimed under retary to develop and promulgate the regula- issued under subsection (a) to reflect any sig- this title shall be, as nearly as practicable, a tions for the establishment of a leasing pro- nificant biological, environmental, or engi- condition capable of supporting the uses gram authorized by this title before the con- neering data that come to the Secretary’s which the lands were capable of supporting duct of the first lease sale. attention. prior to any exploration, development, or (3) COMPLIANCE WITH NEPA FOR OTHER AC- SEC. 6504. LEASE SALES. production activities, or upon application by TIONS.—Before conducting the first lease sale (a) IN GENERAL.—Lands may be leased pur- the lessee, to a higher or better use as ap- under this title, the Secretary shall prepare suant to this title to any person qualified to proved by the Secretary; an environmental impact statement under obtain a lease for deposits of oil and gas (6) contain terms and conditions relating the National Environmental Policy Act of under the Mineral Leasing Act (30 U.S.C. 181 to protection of fish and wildlife, their habi- 1969 with respect to the actions authorized et seq.). tat, and the environment as required pursu- by this title that are not referred to in para- (b) PROCEDURES.—The Secretary shall, by ant to section 6503(a)(2); graph (2). Notwithstanding any other law, regulation, establish procedures for— (7) provide that the lessee, its agents, and the Secretary is not required to identify non- (1) receipt and consideration of sealed its contractors use best efforts to provide a leasing alternative courses of action or to nominations for any area in the Coastal fair share, as determined by the level of obli- analyze the environmental effects of such Plain for inclusion in, or exclusion (as pro- gation previously agreed to in the 1974 agree- courses of action. The Secretary shall only vided in subsection (c)) from, a lease sale; ment implementing section 29 of the Federal identify a preferred action for such leasing (2) the holding of lease sales after such Agreement and Grant of Right of Way for and a single leasing alternative, and analyze nomination process; and the Operation of the Trans-Alaska Pipeline, the environmental effects and potential (3) public notice of and comment on des- of employment and contracting for Alaska mitigation measures for those two alter- ignation of areas to be included in, or ex- Natives and Alaska Native Corporations natives. The identification of the preferred cluded from, a lease sale. from throughout the State; November 14, 2001 CONGRESSIONAL RECORD — SENATE S11831 (8) prohibit the export of oil produced 167 through 169 of the ‘‘Final Legislative En- subsistence hunting and trapping shall be under the lease; and vironmental Impact Statement’’ (April 1987) limited. (9) contain such other provisions as the on the Coastal Plain. (20) Reasonable stipulations for protection Secretary determines necessary to ensure (2) Seasonal limitations on exploration, de- of cultural and archeological resources. compliance with the provisions of this title velopment, and related activities, where nec- (21) All other protective environmental and the regulations issued under this title. essary, to avoid significant adverse effects stipulations, restrictions, terms, and condi- (b) PROJECT LABOR AGREEMENTS.—The Sec- during periods of concentrated fish and wild- tions deemed necessary by the Secretary. retary, as a term and condition of each lease life breeding, denning, nesting, spawning, (e) CONSIDERATIONS.—In preparing and pro- under this title and in recognizing the Gov- and migration. mulgating regulations, lease terms, condi- ernment’s proprietary interest in labor sta- (3) That exploration activities, except for tions, restrictions, prohibitions, and stipula- bility and in the ability of construction surface geological studies, be limited to the tions under this section, the Secretary shall labor and management to meet the par- period between approximately November 1 consider the following: ticular needs and conditions of projects to be and May 1 each year and that exploration ac- (1) The stipulations and conditions that developed under the leases issued pursuant tivities shall be supported by ice roads, win- govern the National Petroleum Reserve- to this title and the special concerns of the ter trails with adequate snow cover, ice pads, Alaska leasing program, as set forth in the parties to such leases, shall require that the ice airstrips, and air transport methods, ex- 1999 Northeast National Petroleum Reserve- lessee and its agents and contractors nego- cept that such exploration activities may Alaska Final Integrated Activity Plan/Envi- tiate to obtain a project labor agreement for occur at other times, if— ronmental Impact Statement. the employment of laborers and mechanics (A) the Secretary determines, after afford- (2) The environmental protection stand- on production, maintenance, and construc- ing an opportunity for public comment and ards that governed the initial Coastal Plain tion under the lease. review, that special circumstances exist ne- seismic exploration program under parts SEC. 6507. COASTAL PLAIN ENVIRONMENTAL cessitating that exploration activities be 37.31 to 37.33 of title 50, Code of Federal Reg- PROTECTION. conducted at other times of the year; and ulations. (a) NO SIGNIFICANT ADVERSE EFFECT (B) the Secretary finds that such explo- (3) The land use stipulations for explor- STANDARD TO GOVERN AUTHORIZED COASTAL ration will have no significant adverse effect atory drilling on the KIC-ASRC private lands PLAIN ACTIVITIES.—The Secretary shall, con- on the fish and wildlife, their habitat, and that are set forth in Appendix 2 of the Au- sistent with the requirements of section 6503, the environment of the Coastal Plain. gust 9, 1983, agreement between Arctic Slope administer the provisions of this title (4) Design safety and construction stand- Regional Corporation and the United States. through regulations, lease terms, conditions, ards for all pipelines and any access and (f) FACILITY CONSOLIDATION PLANNING.— restrictions, prohibitions, stipulations, and service roads, that— (1) IN GENERAL.—The Secretary shall, after other provisions that— (A) minimize, to the maximum extent pos- providing for public notice and comment, (1) ensure the oil and gas exploration, de- sible, adverse effects upon the passage of mi- prepare and update periodically a plan to velopment, and production activities on the gratory species such as caribou; and govern, guide, and direct the siting and con- Coastal Plain will result in no significant ad- (B) minimize adverse effects upon the flow struction of facilities for the exploration, de- verse effect on fish and wildlife, their habi- of surface water by requiring the use of cul- velopment, production, and transportation of tat, and the environment; verts, bridges, and other structural devices. Coastal Plain oil and gas resources. (5) Prohibitions on public access and use on (2) require the application of the best com- (2) OBJECTIVES.—The plan shall have the all pipeline access and service roads. mercially available technology for oil and following objectives: (6) Stringent reclamation and rehabilita- gas exploration, development, and produc- (A) Avoiding unnecessary duplication of fa- tion requirements, consistent with the tion on all new exploration, development, cilities and activities. standards set forth in this title, requiring and production operations; and (B) Encouraging consolidation of common the removal from the Coastal Plain of all oil (3) ensure that the maximum amount of facilities and activities. and gas development and production facili- surface acreage covered by production and (C) Locating or confining facilities and ac- ties, structures, and equipment upon comple- support facilities, including airstrips and tivities to areas that will minimize impact tion of oil and gas production operations, ex- any areas covered by gravel berms or piers on fish and wildlife, their habitat, and the cept that the Secretary may exempt from for support of pipelines, does not exceed 2,000 environment. the requirements of this paragraph those fa- acres on the Coastal Plain. (D) Utilizing existing facilities wherever cilities, structures, or equipment that the (b) SITE-SPECIFIC ASSESSMENT AND MITIGA- practicable. Secretary determines would assist in the TION.—The Secretary shall also require, with (E) Enhancing compatibility between wild- respect to any proposed drilling and related management of the Arctic National Wildlife life values and development activities. activities, that— Refuge and that are donated to the United SEC. 6508. EXPEDITED JUDICIAL REVIEW. (1) a site-specific analysis be made of the States for that purpose. (a) FILING OF COMPLAINT.— probable effects, if any, that the drilling or (7) Appropriate prohibitions or restrictions (1) DEADLINE.—Subject to paragraph (2), related activities will have on fish and wild- on access by all modes of transportation. any complaint seeking judicial review of any (8) Appropriate prohibitions or restrictions life, their habitat, and the environment; provision of this title or any action of the (2) a plan be implemented to avoid, mini- on sand and gravel extraction. Secretary under this title shall be filed in (9) Consolidation of facility siting. any appropriate district court of the United mize, and mitigate (in that order and to the (10) Appropriate prohibitions or restric- States— extent practicable) any significant adverse tions on use of explosives. (A) except as provided in subparagraph (B), effect identified under paragraph (1); and (11) Avoidance, to the extent practicable, within the 90-day period beginning on the (3) the development of the plan shall occur of springs, streams, and river system; the date of the action being challenged; or after consultation with the agency or agen- protection of natural surface drainage pat- (B) in the case of a complaint based solely cies having jurisdiction over matters miti- terns, wetlands, and riparian habitats; and on grounds arising after such period, within gated by the plan. the regulation of methods or techniques for (c) REGULATIONS TO PROTECT COASTAL 90 days after the complainant knew or rea- developing or transporting adequate supplies PLAIN FISH AND WILDLIFE RESOURCES, SUB- sonably should have known of the grounds of water for exploratory drilling. SISTENCE USERS, AND THE ENVIRONMENT.—Be- (12) Avoidance or reduction of air traffic- for the complaint. (2) VENUE.—Any complaint seeking judicial fore implementing the leasing program au- related disturbance to fish and wildlife. thorized by this title, the Secretary shall (13) Treatment and disposal of hazardous review of an action of the Secretary under prepare and promulgate regulations, lease and toxic wastes, solid wastes, reserve pit this title may be filed only in the United terms, conditions, restrictions, prohibitions, fluids, drilling muds and cuttings, and do- States Court of Appeals for the District of stipulations, and other measures designed to mestic wastewater, including an annual Columbia. ensure that the activities undertaken on the waste management report, a hazardous ma- (3) LIMITATION ON SCOPE OF CERTAIN RE- Coastal Plain under this title are conducted terials tracking system, and a prohibition on VIEW.—Judicial review of a Secretarial deci- in a manner consistent with the purposes chlorinated solvents, in accordance with ap- sion to conduct a lease sale under this title, and environmental requirements of this plicable Federal and State environmental including the environmental analysis there- title. law. of, shall be limited to whether the Secretary (d) COMPLIANCE WITH FEDERAL AND STATE (14) Fuel storage and oil spill contingency has complied with the terms of this division ENVIRONMENTAL LAWS AND OTHER REQUIRE- planning. and shall be based upon the administrative MENTS.—The proposed regulations, lease (15) Research, monitoring, and reporting record of that decision. The Secretary’s iden- terms, conditions, restrictions, prohibitions, requirements. tification of a preferred course of action to and stipulations for the leasing program (16) Field crew environmental briefings. enable leasing to proceed and the Secretary’s under this title shall require compliance (17) Avoidance of significant adverse ef- analysis of environmental effects under this with all applicable provisions of Federal and fects upon subsistence hunting, fishing, and division shall be presumed to be correct un- State environmental law and shall also re- trapping by subsistence users. less shown otherwise by clear and convincing quire the following: (18) Compliance with applicable air and evidence to the contrary. (1) Standards at least as effective as the water quality standards. (b) LIMITATION ON OTHER REVIEW.—Actions safety and environmental mitigation meas- (19) Appropriate seasonal and safety zone of the Secretary with respect to which re- ures set forth in items 1 through 29 at pages designations around well sites, within which view could have been obtained under this S11832 CONGRESSIONAL RECORD — SENATE November 14, 2001

section shall not be subject to judicial re- (1) IN GENERAL.—Any community that is administering and reporting on such a pro- view in any civil or criminal proceeding for eligible for assistance under this section gram of research, to improve and dem- enforcement. may submit an application for such assist- onstrate technology and develop basic SEC. 6509. RIGHTS-OF-WAY ACROSS THE COASTAL ance to the Secretary, in such form and science information for development and use PLAIN. under such procedures as the Secretary may of renewable and alternative fuels including (a) EXEMPTION.—Title XI of the Alaska Na- prescribe by regulation. wind energy, solar energy, geothermal en- tional Interest Lands Conservation Act of (2) NORTH SLOPE BOROUGH COMMUNITIES.—A ergy, and energy from biomass. Such re- 1980 (16 U.S.C. 3161 et seq.) shall not apply to community located in the North Slope Bor- search may include studies on deployment of the issuance by the Secretary under section ough may apply for assistance under this such technology including research on how 28 of the Mineral Leasing Act (30 U.S.C. 185) section either directly to the Secretary or to lower the costs of introduction of such of rights-of-way and easements across the through the North Slope Borough. technology and of barriers to entry into the Coastal Plain for the transportation of oil (3) APPLICATION ASSISTANCE.—The Sec- market of such technology. and gas. retary shall work closely with and assist the (4) USE FOR ADJUSTMENTS AND REFUNDS.—If (b) TERMS AND CONDITIONS.—The Secretary North Slope Borough and other communities for any circumstances, adjustments or re- shall include in any right-of-way or ease- eligible for assistance under this section in funds of bonus amounts deposited pursuant ment referred to in subsection (a) such terms developing and submitting applications for to this title become warranted, 50 percent of and conditions as may be necessary to en- assistance under this section. the amount necessary for the sum of such sure that transportation of oil and gas does (d) ESTABLISHMENT OF FUND.— adjustments and refunds may be paid by the not result in a significant adverse effect on (1) IN GENERAL.—There is established in the Secretary from the Renewable Energy Tech- the fish and wildlife, subsistence resources, Treasury the Coastal Plain Local Govern- nology Investment Fund. their habitat, and the environment of the ment Impact Aid Assistance Fund. (5) CONSULTATION AND COORDINATION.—Any Coastal Plain, including requirements that (2) USE.—Amounts in the fund may be used specific use of the Renewable Energy Tech- facilities be sited or designed so as to avoid only for providing financial assistance under nology Investment Fund shall be determined unnecessary duplication of roads and pipe- this section. only after the Secretary of Energy consults lines. (3) DEPOSITS.—Subject to paragraph (4), and coordinates with the heads of other ap- (c) REGULATIONS.—The Secretary shall in- there shall be deposited into the fund propriate Federal agencies. clude in regulations under section 6503(g) amounts received by the United States as (6) REPORTS.—Not later than 1 year after provisions granting rights-of-way and ease- revenues derived from rents, bonuses, and the date of the enactment of this Act and on ments described in subsection (a) of this sec- royalties under on leases and lease sales au- an annual basis thereafter, the Secretary of tion. thorized under this title. Energy shall transmit to the Committee on SEC. 6510. CONVEYANCE. (4) LIMITATION ON DEPOSITS.—The total Science of the House of Representatives and In order to maximize Federal revenues by amount in the fund may not exceed the Committee on Energy and Natural Re- removing clouds on title to lands and clari- $10,000,000. sources of the Senate a report on the use of fying land ownership patterns within the (5) INVESTMENT OF BALANCES.—The Sec- funds under this subsection and the impact Coastal Plain, the Secretary, notwith- retary of the Treasury shall invest amounts of and efforts to integrate such uses with standing the provisions of section 1302(h)(2) in the fund in interest bearing government other energy research efforts. of the Alaska National Interest Lands Con- securities. (c) ROYALTIES CONSERVATION FUND.— (e) AUTHORIZATION OF APPROPRIATIONS.—To servation Act (16 U.S.C. 3192(h)(2)), shall (1) ESTABLISHMENT AND AVAILABILITY.— convey— provide financial assistance under this sec- There is hereby established in the Treasury (1) to the Kaktovik Inupiat Corporation tion there is authorized to be appropriated to of the United States a separate account the surface estate of the lands described in the Secretary from the Coastal Plain Local which shall be known as the ‘‘Royalties Con- paragraph 2 of Public Land Order 6959, to the Government Impact Aid Assistance Fund servation Fund’’. $5,000,000 for each fiscal year. extent necessary to fulfill the Corporation’s (2) DEPOSITS.—Fifty percent of revenues entitlement under section 12 of the Alaska SEC. 6512. REVENUE ALLOCATION. from rents and royalty payments for leases Native Claims Settlement Act (43 U.S.C. (a) FEDERAL AND STATE DISTRIBUTION.— issued under this title shall be deposited into 1611); and (1) IN GENERAL.—Notwithstanding section the Royalties Conservation Fund. (2) to the Arctic Slope Regional Corpora- 6504 of this Act, the Mineral Leasing Act (30 (3) USE, GENERALLY.—Subject to paragraph tion the subsurface estate beneath such sur- U.S.C. 181 et seq.), or any other law, of the (4), funds deposited into the Royalties Con- face estate pursuant to the August 9, 1983, amount of adjusted bonus, rental, and roy- servation Fund— agreement between the Arctic Slope Re- alty revenues from oil and gas leasing and (A) may be used by the Secretary of the In- gional Corporation and the United States of operations authorized under this title— terior and the Secretary of Agriculture to fi- America. (A) 50 percent shall be paid to the State of nance grants, contracts, cooperative agree- SEC. 6511. LOCAL GOVERNMENT IMPACT AID AND Alaska; and ments, and expenses for direct activities of COMMUNITY SERVICE ASSISTANCE. (B) the balance shall be deposited into the the Department of the Interior and the For- (a) FINANCIAL ASSISTANCE AUTHORIZED.— Renewable Energy Technology Investment est Service to restore and otherwise conserve (1) IN GENERAL.—The Secretary may use Fund and the Royalties Conservation Fund lands and habitat and to eliminate mainte- amounts available from the Coastal Plain as provided in this section. nance and improvements backlogs on Fed- Local Government Impact Aid Assistance (2) ADJUSTMENTS.—Adjustments to bonus, eral lands, including the costs of admin- Fund established by subsection (d) to provide rental, and royalty amounts from oil and gas istering and reporting on such a program; timely financial assistance to entities that leasing and operations authorized under this and are eligible under paragraph (2) and that are title shall be made as necessary for overpay- (B) may be used by the Secretary of the In- directly impacted by the exploration for or ments and refunds from lease revenues re- terior to finance grants, contracts, coopera- production of oil and gas on the Coastal ceived in current or subsequent periods be- tive agreements, and expenses— fore distribution of such revenues pursuant Plain under this title. (i) to preserve historic Federal properties; (2) ELIGIBLE ENTITIES.—The North Slope to this section. (ii) to assist States and Indian Tribes in Borough, Kaktovik, and other boroughs, mu- (3) TIMING OF PAYMENTS TO STATE.—Pay- preserving their historic properties; nicipal subdivisions, villages, and any other ments to the State of Alaska under this sec- community organized under Alaska State tion shall be made semiannually. (iii) to foster the development of urban parks; and law shall be eligible for financial assistance (b) RENEWABLE ENERGY TECHNOLOGY IN- under this section. VESTMENT FUND.— (iv) to conduct research to improve the ef- (b) USE OF ASSISTANCE.—Financial assist- (1) ESTABLISHMENT AND AVAILABILITY.— fectiveness and lower the costs of habitat ance under this section may be used only There is hereby established in the Treasury restoration. for— of the United States a separate account (4) USE FOR ADJUSTMENTS AND REFUNDS.—If (1) planning for mitigation of the potential which shall be known as the ‘‘Renewable En- for any circumstances, refunds or adjust- effects of oil and gas exploration and devel- ergy Technology Investment Fund’’. ments of royalty and rental amounts depos- opment on environmental, social, cultural, (2) DEPOSITS.—Fifty percent of adjusted ited pursuant to this title become warranted, recreational and subsistence values; revenues from bonus payments for leases 50 percent of the amount necessary for the (2) implementing mitigation plans and issued under this title shall be deposited into sum of such adjustments and refunds may be maintaining mitigation projects; and the Renewable Energy Technology Invest- paid from the Royalties Conservation Fund. (3) developing, carrying out, and maintain- ment Fund. (d) AVAILABILITY.—Moneys covered into ing projects and programs that provide new (3) USE, GENERALLY.—Subject to paragraph the accounts established by this section— or expanded public facilities and services to (4), funds deposited into the Renewable En- (1) shall be available for expenditure only address needs and problems associated with ergy Technology Investment Fund shall be to the extent appropriated therefor; such effects, including firefighting, police, used by the Secretary of Energy to finance (2) may be appropriated without fiscal-year water, waste treatment, medivac, and med- research grants, contracts, and cooperative limitation; and ical services. agreements and expenses of direct research (3) may be obligated or expended only as (c) APPLICATION.— by Federal agencies, including the costs of provided in this section. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11833 TITLE VI—CONSERVATION OF ENERGY lease for which advance royalties may be ac- ernments of territories of the United States BY THE DEPARTMENT OF THE INTERIOR cepted in lieu of the condition of continued to carry out eligible projects to protect elec- SEC. 6601. ENERGY CONSERVATION BY THE DE- operation shall not exceed 20. tric power transmission and distribution PARTMENT OF THE INTERIOR. ‘‘(3) The amount of any production royalty lines in such territories from damage caused (a) IN GENERAL.—The Secretary of the In- paid for any year shall be reduced (but not by hurricanes and typhoons. terior shall— below zero) by the amount of any advance ‘‘(B) ELIGIBLE PROJECTS.—The Secretary (1) conduct a study to identify, evaluate, royalties paid under such lease to the extent may award grants under subparagraph (A) and recommend opportunities for conserving that such advance royalties have not been only to governments of territories of the energy by reducing the amount of energy used to reduce production royalties for a United States that submit written project used by facilities of the Department of the prior year. plans to the Secretary for projects that meet Interior; and ‘‘(4) This subsection shall be applicable to the following criteria: (2) wherever feasible and appropriate, re- any lease or logical mining unit in existence ‘‘(i) The project is designed to protect elec- duce the use of energy from traditional on the date of the enactment of this para- tric power transmission and distribution sources by encouraging use of alternative en- graph or issued or approved after such date. lines located in one or more of the territories ergy sources, including solar power and ‘‘(5) Nothing in this subsection shall be of the United States from damage caused by power from fuel cells, throughout such facili- construed to affect the requirement con- hurricanes and typhoons. ties and the public lands of the United tained in the second sentence of subsection ‘‘(ii) The project is likely to substantially States. (a) relating to commencement of production reduce the risk of future damage, hardship, (b) REPORTS.—The Secretary shall submit at the end of 10 years.’’. loss, or suffering. to the Congress— (b) AUTHORITY TO WAIVE, SUSPEND, OR RE- ‘‘(iii) The project addresses one or more (1) by not later than 90 days after the date DUCE ADVANCE ROYALTIES—Section 39 of the problems that have been repetitive or that of the enactment of this Act, a report con- Mineral Leasing Act (30 U.S.C. 209) is amend- pose a significant risk to public health and taining the findings, conclusions, and rec- ed by striking the last sentence. safety. ommendations of the study under subsection SEC. 6704. ELIMINATION OF DEADLINE FOR SUB- ‘‘(iv) The project is not likely to cost more (a)(1); and MISSION OF COAL LEASE OPER- than the value of the reduction in direct (2) by not later than December 31 each ATION AND RECLAMATION PLAN. damage and other negative impacts that the year, an annual report describing progress Section 7(c) of the Mineral Leasing Act (30 project is designed to prevent or mitigate. made in— U.S.C. 207(c)) is amended by striking ‘‘and The cost benefit analysis required by this (A) conserving energy through opportuni- not later than three years after a lease is criterion shall be computed on a net present ties recommended in the report under para- issued,’’. value basis. graph (1); and TITLE VIII—INSULAR AREAS ENERGY ‘‘(v) The project design has taken into con- (B) encouraging use of alternative energy SECURITY sideration long-term changes to the areas sources under subsection (a)(2). SEC. 6801. INSULAR AREAS ENERGY SECURITY. and persons it is designed to protect and has manageable future maintenance and modi- SEC. 6602. AMENDMENT TO BUY INDIAN ACT. Section 604 of the Act entitled ‘‘An Act to fication requirements. Section 23 of the Act of June 25, 1910 (25 authorize appropriations for certain insular ‘‘(vi) The project plan includes an analysis U.S.C. 47; commonly known as the ‘‘Buy In- areas of the United States, and for other pur- of a range of options to address the problem dian Act’’) is amended by inserting ‘‘energy poses’’, approved December 24, 1980 (Public it is designed to prevent or mitigate and a products, and energy by-products,’’ after Law 96–597; 94 Stat. 3480–3481), is amended— justification for the selection of the project ‘‘printing,’’. (1) in subsection (a)(4) by striking the pe- in light of that analysis. TITLE VII—COAL riod and inserting a semicolon; (2) by adding at the end of subsection (a) ‘‘(vii) The applicant has demonstrated to SEC. 6701. LIMITATION ON FEES WITH RESPECT the following new paragraphs: the Secretary that the matching funds re- TO COAL LEASE APPLICATIONS AND ‘‘(5) electric power transmission and dis- quired by subparagraph (D) are available. DOCUMENTS. tribution lines in insular areas are inad- ‘‘(C) PRIORITY.—When making grants under Notwithstanding sections 304 and 504 of the equate to withstand damage caused by the this paragraph, the Secretary shall give pri- Federal Land Policy and Management Act of hurricanes and typhoons which frequently ority to grants for projects which are likely 1976 (43 U.S.C. 1734, 1764) and section 9701 of occur in insular areas and such damage often to— title 31, United States Code, the Secretary costs millions of dollars to repair; and ‘‘(i) have the greatest impact on reducing shall not recover the Secretary’s costs with ‘‘(6) the refinement of renewable energy future disaster losses; and respect to applications and other documents technologies since the publication of the 1982 ‘‘(ii) best conform with plans that have relating coal leases. Territorial Energy Assessment prepared pur- been approved by the Federal Government or SEC. 6702. MINING PLANS. suant to subsection (c) reveals the need to the government of the territory where the Section 2(d)(2) of the Mineral Leasing Act reassess the state of energy production, con- project is to be carried out for development (30 U.S.C. 202a(2)) is amended— sumption, infrastructure, reliance on im- or hazard mitigation for that territory. (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and ported energy, and indigenous sources in re- ‘‘(D) MATCHING REQUIREMENT.—The Federal (2) by adding at the end the following: gard to the insular areas.’’; share of the cost for a project for which a ‘‘(B) The Secretary may establish a period (3) by amending subsection (e) to read as grant is provided under this paragraph shall of more than 40 years if the Secretary deter- follows: not exceed 75 percent of the total cost of mines that the longer period— ‘‘(e)(1) The Secretary of the Interior, in that project. The non-Federal share of the ‘‘(i) will ensure the maximum economic re- consultation with the Secretary of Energy cost may be provided in the form of cash or covery of a coal deposit; or and the chief executive officer of each insu- services. ‘‘(ii) the longer period is in the interest of lar area, shall update the plans required ‘‘(E) TREATMENT OF FUNDS FOR CERTAIN the orderly, efficient, or economic develop- under subsection (c) by— PURPOSES.—Grants provided under this para- ment of a coal resources.’’. ‘‘(A) updating the contents required by graph shall not be considered as income, a SEC. 6703. PAYMENT OF ADVANCE ROYALTIES subsection (c); resource, or a duplicative program when de- UNDER COAL LEASES. ‘‘(B) drafting long-term energy plans for termining eligibility or benefit levels for (a) IN GENERAL.—Section 7(b) of the Min- such insular areas with the objective of re- Federal major disaster and emergency as- eral Leasing Act of 1920 (30 U.S.C. 207(b)) is ducing, to the extent feasible, their reliance sistance. amended to read as follows: on energy imports by the year 2010 and maxi- ‘‘(F) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b)(1) Each lease shall be subjected to the mizing, to the extent feasible, use of indige- There is authorized to be appropriated to condition of diligent development and con- nous energy sources; and carry out this paragraph $5,000,000 for each tinued operation of the mine or mines, ex- ‘‘(C) drafting long-term energy trans- fiscal year beginning after the date of the en- cept where operations under the lease are in- mission line plans for such insular areas actment of this paragraph.’’. terrupted by strikes, the elements, or casual- with the objective that the maximum per- DIVISION G ties not attributable to the lessee. centage feasible of electric power trans- SEC. 7101. BUY AMERICAN. ‘‘(2)(A) The Secretary of the Interior, upon mission and distribution lines in each insu- No funds authorized under this Act shall be determining that the public interest will be lar area be protected from damage caused by available to any person or entity that has served thereby, may suspend the condition of hurricanes and typhoons. been convicted of violating the Buy Amer- continued operation upon the payment of ad- ‘‘(2) Not later than May 31, 2003, the Sec- ican Act (41 U.S.C. 10a–10c). vance royalties. retary of the Interior shall submit to Con- ‘‘(B) Such advance royalties shall be com- gress the updated plans for each insular area SA 2125. Mr. BAUCUS proposed an puted based on the average price for coal required by this subsection.’’; and amendment to the bill H.R. 3090, to sold in the spot market from the same region (4) by amending subsection (g)(4) to read as during the last month of each applicable con- follows: provide tax incentives for economic re- tinued operation year. ‘‘(4) POWER LINE GRANTS FOR TERRITORIES— covery; as follows: ‘‘(C) The aggregate number of years during ‘‘(A) IN GENERAL.—The Secretary of the In- Strike all after the enacting clause and in- the initial and any extended term of any terior is authorized to make grants to gov- sert the following: S11834 CONGRESSIONAL RECORD — SENATE November 14, 2001 SECTION 1. SHORT TITLE; ETC. Sec. 403. Welfare-to-work credit. TITLE IX—ADDITIONAL PROVISIONS (a) SHORT TITLE.—This Act may be cited as Sec. 404. Credit for electricity produced Sec. 901. Credit to holders of qualified Am- the ‘‘Economic Recovery and Homeland De- from renewable resources. trak bonds. fense Act of 2001’’. Sec. 405. Taxable income limit on percent- Sec. 902. Broadband Internet access tax (b) REFERENCES TO INTERNAL REVENUE age depletion for oil and nat- credit. CODE OF 1986.—Except as otherwise expressly ural gas produced from mar- Sec. 903. Citrus tree canker relief. provided, whenever in this Act an amend- ginal properties. Sec. 904. Allowance of electronic 1099s. ment or repeal is expressed in terms of an Sec. 406. Qualified zone academy bonds. Sec. 905. Clarification of excise tax exemp- amendment to, or repeal of, a section or Sec. 407. Subpart F exemption for active fi- tions for agricultural aerial ap- other provision, the reference shall be con- nancing. plicators. sidered to be made to a section or other pro- Sec. 408. Cover over of tax on distilled spir- Sec. 906. Recovery period for certain wire- vision of the Internal Revenue Code of 1986. its. less telecommunications equip- (c) TABLE OF CONTENTS.— Sec. 409. Delay in effective date of require- ment. Sec. 1. Short title; etc. ment for approved diesel or ker- Sec. 907. Special rules for taxation of life in- osene terminals. surance companies for 2001 and TITLE I—SUPPLEMENTAL REBATE FOR Sec. 410. Deduction for clean-fuel vehicles 2002. INDIVIDUAL TAXPAYERS and certain refueling property. Sec. 908. No impact on social security trust Sec. 101. Supplemental rebate. Sec. 411. Credit for qualified electric vehi- funds. TITLE II—TEMPORARY BUSINESS cles. Sec. 909. Emergency designation. RELIEF PROVISIONS Sec. 412. Parity in the application of certain TITLE X—HOMELAND DEFENSE Sec. 201. Special depreciation allowance for limits to mental health bene- TITLE I—SUPPLEMENTAL REBATE FOR certain property. fits. INDIVIDUAL TAXPAYERS Sec. 413. Combined employment tax report- Sec. 202. Increase in section 179 expensing. SEC. 101. SUPPLEMENTAL REBATE. Sec. 203. Carryback of certain net operating ing. (a) IN GENERAL.—Section 6428 (relating to losses allowed for 5 years. TITLE V—EXTENSION OF CERTAIN acceleration of 10 percent income tax rate TITLE III—TAX INCENTIVES AND RELIEF TRADE PROVISIONS EXPIRING IN 2001. bracket benefit for 2001) is amended by add- FOR VICTIMS OF TERRORISM, DISAS- Sec. 501. Generalized System of Preferences. ing at the end the following new subsection: TERS, AND DISTRESSED CONDITIONS Sec. 502. Andean Trade Preference Act. ‘‘(f) SUPPLEMENTAL REBATE.— Subtitle A—Tax Incentives for New York Sec. 503. Reauthorization of trade adjust- ‘‘(1) IN GENERAL.—Each individual who was City and Distressed Areas ment assistance. an eligible individual for such individual’s Sec. 301. Expansion of work opportunity tax TITLE VI—HEALTH INSURANCE first taxable year beginning in 2000 and who, before October 16, 2001— credit targeted categories to in- Subtitle A—Health Insurance Coverage Op- ‘‘(A) filed a return of tax imposed by sub- clude certain employees in New tions for Recently Unemployed Individuals title A for such taxable year, or York City. and Their Families ‘‘(B) filed a return of income tax with the Sec. 302. Tax-exempt private activity bonds Sec. 601. Premium assistance for COBRA for rebuilding portion of New government of American Samoa, Guam, the continuation coverage for indi- Commonwealth of the Northern Mariana Is- York City damaged in the Sep- viduals and their families. tember 11, 2001, terrorist at- lands, the Commonwealth of Puerto Rico, or Sec. 602. State option to provide temporary the Virgin Islands of the United States, tack. medicaid coverage for certain Sec. 303. Gain or loss from property dam- shall be treated as having made a payment uninsured individuals. against the tax imposed by chapter 1 for aged or destroyed in New York Sec. 603. State option to provide temporary Recovery Zone. such first taxable year in an amount equal to coverage under medicaid for the the supplemental refund amount for such Sec. 304. Reenactment of exceptions for unsubsidized portion of COBRA qualified-mortgage-bond-fi- taxable year. continuation premiums. ‘‘(2) SUPPLEMENTAL REFUND AMOUNT.—For nanced loans to victims of Sec. 604. Temporary increases of medicaid Presidentially declared disas- purposes of this subsection, the supple- FMAP for fiscal year 2002. mental refund amount is an amount equal to ters. Sec. 605. Definitions. Sec. 305. One-year expansion of authority for the excess (if any) of— Indian tribes to issue tax-ex- Subtitle B—Other Provisions ‘‘(A)(i) $600 in the case of taxpayers to empt private activity bonds. Sec. 611. Inclusion of Indian women with whom section 1(a) applies, ‘‘(ii) $500 in the case of taxpayers to whom Subtitle B—Victims of Terrorism Tax Relief breast or cervical cancer in op- tional medicaid eligibility cat- section 1(b) applies, and Sec. 310. Short title. egory. ‘‘(iii) $300 in the case of taxpayers to whom PART I—RELIEF PROVISIONS FOR VICTIMS OF Sec. 612. Increase in floor for treatment as subsections (c) or (d) of section 1 applies, APRIL 19, 1995, AND SEPTEMBER 11, 2001, an extremely low DSH State to over TERRORIST ATTACKS 3 percent in fiscal year 2002. ‘‘(B) the amount of any advance refund Sec. 311. Income and employment taxes of Sec. 613. Moratorium on changes to certain amount paid to the taxpayer under sub- victims of terrorist attacks. upper payment limits under section (e). Sec. 312. Estate tax reduction. medicaid. ‘‘(3) TIMING OF PAYMENTS.—In the case of Sec. 313. Payments by charitable organiza- Sec. 614. Revision and simplification of the any overpayment attributable to this sub- tions treated as exempt pay- Transitional Medical Assist- section, the Secretary shall, subject to the ments. ance Program (TMA). provisions of this title, refund or credit such Sec. 314. Exclusion of certain cancellations TITLE VII—TEMPORARY ENHANCED overpayment as rapidly as possible. of indebtedness. UNEMPLOYMENT BENEFITS ‘‘(4) NO INTEREST.—No interest shall be al- PART II—GENERAL RELIEF FOR VICTIMS OF lowed on any overpayment attributable to Sec. 701. Short title. this subsection. DISASTERS AND TERRORISTIC OR MILITARY Sec. 702. Federal-State agreements. ACTIONS ‘‘(5) SPECIAL RULE FOR CERTAIN NON- Sec. 703. Temporary supplemental unem- RESIDENTS.—The determination under sub- Sec. 321. Exclusion for disaster relief pay- ployment compensation ac- section (c)(2) as to whether an individual ments. count. who filed a return of tax described in para- Sec. 322. Authority to postpone certain Sec. 704. Payments to States having agree- graph (1)(B) is a nonresident alien individual deadlines and required actions. ments under this title. shall, under rules prescribed by the Sec- Sec. 323. Internal Revenue Service disaster Sec. 705. Financing provisions. retary, be made by reference to the posses- response team. Sec. 706. Fraud and overpayments. sion or Commonwealth with which the re- Sec. 324. Application of certain provisions to Sec. 707. Definitions. turn was filed and not the United States.’’. terroristic or military actions. Sec. 708. Applicability. (b) TECHNICAL CORRECTION.— Sec. 325. Clarification of due date for airline TITLE VIII—EMERGENCY AGRICULTURE (1) IN GENERAL.—Subsection (b) of section excise tax deposits. ASSISTANCE 6428 is amended to read as follows: Sec. 326. Coordination with Air Transpor- ‘‘(b) CREDIT TREATED AS NONREFUNDABLE tation Safety and System Sta- Subtitle A—Income Loss Assistance PERSONAL CREDIT.—For purposes of this bilization Act. Sec. 801. Income loss assistance. title, the credit allowed under this section Sec. 802. Livestock assistance program. TITLE IV—EXTENSIONS OF CERTAIN shall be treated as a credit allowable under Sec. 803. Commodity purchases. EXPIRING TAX PROVISIONS subpart A of part IV of subchapter A of chap- Sec. 401. Allowance of nonrefundable per- Subtitle B—Administration ter 1.’’. sonal credits against regular Sec. 811. Commodity Credit Corporation. (2) CONFORMING AMENDMENTS.— and minimum tax liability. Sec. 812. Administrative expenses. (A) Subsection (d) of section 6428 is amend- Sec. 402. Work opportunity credit. Sec. 813. Regulations. ed to read as follows: November 14, 2001 CONGRESSIONAL RECORD — SENATE S11835

‘‘(d) COORDINATION WITH ADVANCE REFUNDS ‘‘(A) the depreciation deduction provided ‘‘(ii) LISTED PROPERTY.—The deduction al- OF CREDIT.— by section 167(a) for the taxable year in lowable under paragraph (1) shall be taken ‘‘(1) IN GENERAL.—The amount of credit which such property is placed in service shall into account in computing any recapture which would (but for this paragraph) be al- include an allowance equal to 10 percent of amount under section 280F(b)(2). lowable under this section shall be reduced the adjusted basis of the qualified property, ‘‘(3) QUALIFIED LEASEHOLD IMPROVEMENT (but not below zero) by the aggregate refunds and PROPERTY.—For purposes of this subsection— and credits made or allowed to the taxpayer ‘‘(B) the adjusted basis of the qualified ‘‘(A) IN GENERAL.—The term ‘qualified under subsection (e). Any failure to so reduce property shall be reduced by the amount of leasehold improvement property’ means any the credit shall be treated as arising out of such deduction before computing the amount improvement to an interior portion of a a mathematical or clerical error and as- otherwise allowable as a depreciation deduc- building which is nonresidential real prop- sessed according to section 6213(b)(1). tion under this chapter for such taxable year erty if— ‘‘(2) JOINT RETURNS.—In the case of a re- and any subsequent taxable year. ‘‘(i) such improvement is made under or fund or credit made or allowed under sub- ‘‘(2) QUALIFIED PROPERTY.—For purposes of pursuant to a lease (as defined in subsection section (e) with respect to a joint return, this subsection— (h)(7))— half of such refund or credit shall be treated ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(I) by the lessee (or any sublessee) of such as having been made or allowed to each indi- property’ means property— portion, or vidual filing such return.’’. ‘‘(i)(I) to which this section applies which ‘‘(II) by the lessor of such portion, (B) Paragraph (2) of section 6428(e) is has an applicable recovery period of 20 years ‘‘(ii) such portion is to be occupied exclu- amended to read as follows: or less or which is water utility property, sively by the lessee (or any sublessee) of such ‘‘(2) ADVANCE REFUND AMOUNT.—For pur- ‘‘(II) which is computer software (as de- portion, and ‘‘(iii) such improvement is placed in serv- poses of paragraph (1), the advance refund fined in section 167(f)(1)(B)) for which a de- ice more than 3 years after the date the amount is the amount that would have been duction is allowable under section 167(a) building was first placed in service. allowed as a credit under this section for without regard to this subsection, ‘‘(B) CERTAIN IMPROVEMENTS NOT IN- such first taxable year if— ‘‘(III) which is qualified leasehold improve- CLUDED.—Such term shall not include any ‘‘(A) this section (other than subsections ment property, or improvement for which the expenditure is (b) and (d) and this subsection) had applied ‘‘(IV) which is eligible for depreciation attributable to— to such taxable year, and under section 167(g), ‘‘(i) the enlargement of the building, ‘‘(B) the credit for such taxable year were ‘‘(ii) the original use of which commences ‘‘(ii) any elevator or escalator, not allowed to exceed the excess (if any) of— with the taxpayer after September 10, 2001, ‘‘(iii) any structural component benefiting ‘‘(i) the sum of the regular tax liability (as ‘‘(iii) which is— a common area, and defined in section 26(b)) plus the tax imposed ‘‘(I) acquired by the taxpayer after Sep- ‘‘(iv) the internal structural framework of by section 55, over tember 10, 2001, and before September 11, the building. ‘‘(ii) the sum of the credits allowable under 2002, but only if no written binding contract ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For part IV of subchapter A of chapter 1 (other for the acquisition was in effect before Sep- purposes of this paragraph— than the credits allowable under subpart C tember 11, 2001, or ‘‘(i) BINDING COMMITMENT TO LEASE TREAT- thereof, relating to refundable credits).’’. ‘‘(II) acquired by the taxpayer pursuant to ED AS LEASE.—A binding commitment to (c) CONFORMING AMENDMENTS.— a written binding contract which was en- enter into a lease shall be treated as a lease, (1) Paragraph (1) of section 6428(d), as tered into after September 10, 2001, and be- and the parties to such commitment shall be amended by subsection (b), is amended by fore September 11, 2002, and treated as lessor and lessee, respectively. striking ‘‘subsection (e)’’ and inserting ‘‘sub- ‘‘(iv) which is placed in service by the tax- ‘‘(ii) RELATED PERSONS.—A lease between sections (e) and (f)’’. payer before January 1, 2003. (2) Paragraph (2) of section 6428(d), as related persons shall not be considered a ‘‘(B) EXCEPTIONS.— amended by subsection (b), is amended by lease. For purposes of the preceding sen- ‘‘(i) ALTERNATIVE DEPRECIATION PROP- striking ‘‘subsection (e)’’ and inserting ‘‘sub- tence, the term ‘related persons’ means— ERTY.—The term ‘qualified property’ shall ‘‘(I) members of an affiliated group (as de- section (e) or (f)’’. not include any property to which the alter- fined in section 1504), and (3) Paragraph (3) of section 6428(e) is native depreciation system under subsection ‘‘(II) persons having a relationship de- amended by striking ‘‘December 31, 2001’’ and (g) applies, determined— scribed in subsection (b) of section 267; ex- inserting ‘‘the date of the enactment of the ‘‘(I) without regard to paragraph (7) of sub- cept that, for purposes of this clause, the Economic Recovery and Assistance for section (g) (relating to election to have sys- phrase ‘80 percent or more’ shall be sub- American Workers Act of 2001’’. tem apply), and (d) REPORTING REQUIREMENT.—For purposes stituted for the phrase ‘more than 50 per- ‘‘(II) after application of section 280F(b) of determining the individuals who are eligi- cent’ each place it appears in such sub- (relating to listed property with limited ble for the supplemental rebate under sec- section. business use). tion 6428(f) of the Internal Revenue Code of ‘‘(D) IMPROVEMENTS MADE BY LESSOR.—In ‘‘(ii) ELECTION OUT.—If a taxpayer makes 1986, the governments of American Samoa, the case of an improvement made by the per- an election under this clause with respect to Guam, the Commonwealth of the Northern son who was the lessor of such improvement any class of property for any taxable year, Mariana Islands, the Commonwealth of Puer- when such improvement was placed in serv- this subsection shall not apply to all prop- to Rico, and the Virgin Islands of the United ice, such improvement shall be qualified erty in such class placed in service during States shall provide, at such time and in leasehold improvement property (if at all) such taxable year. such manner as provided by the Secretary of only so long as such improvement is held by ‘‘(C) SPECIAL RULES.— the Treasury, the names, addresses, and tax- such person.’’. ‘‘(i) SELF-CONSTRUCTED PROPERTY.—In the payer identifying numbers (within the mean- (b) ALLOWANCE AGAINST ALTERNATIVE MIN- case of a taxpayer manufacturing, con- ing of section 6109 of the Internal Revenue IMUM TAX.— structing, or producing property for the tax- Code of 1986) of residents who filed returns of (1) IN GENERAL.—Section 56(a)(1)(A) (relat- income tax with such governments for 2000. payer’s own use, the requirements of clause ing to depreciation adjustment for alter- (e) EFFECTIVE DATES.— (iii) of subparagraph (A) shall be treated as native minimum tax) is amended by adding (1) IN GENERAL.—Except as provided in met if the taxpayer begins manufacturing, at the end the following new clause: paragraph (2), the amendments made by this constructing, or producing the property after ‘‘(iii) ADDITIONAL ALLOWANCE FOR CERTAIN section shall take effect on the date of the September 10, 2001, and before September 11, PROPERTY ACQUIRED AFTER SEPTEMBER 10, 2001, enactment of this Act. 2002. AND BEFORE SEPTEMBER 11, 2002.—The deduc- (2) TECHNICALS.—The amendments made by ‘‘(ii) SALE-LEASEBACKS.—For purposes of tion under section 168(k) shall be allowed.’’. subsection (b) shall take effect as if included subparagraph (A)(ii), if property— (2) CONFORMING AMENDMENT.—Clause (i) of in the amendment made by section 101(b)(1) ‘‘(I) is originally placed in service after section 56(a)(1)(A) is amended by striking of the Economic Growth and Tax Relief Rec- September 10, 2001, by a person, and ‘‘clause (ii)’’ both places it appears and in- onciliation Act of 2001. ‘‘(II) sold and leased back by such person serting ‘‘clauses (ii) and (iii)’’. TITLE II—TEMPORARY BUSINESS RELIEF within 3 months after the date such property (c) EFFECTIVE DATE.—The amendments PROVISIONS was originally placed in service, made by this section shall apply to property SEC. 201. SPECIAL DEPRECIATION ALLOWANCE such property shall be treated as originally placed in service after September 10, 2001, in FOR CERTAIN PROPERTY. placed in service not earlier than the date on taxable years ending after such date. (a) IN GENERAL.—Section 168 (relating to which such property is used under the lease- SEC. 202. INCREASE IN SECTION 179 EXPENSING. accelerated cost recovery system) is amend- back referred to in subclause (II). (a) IN GENERAL.—The table contained in ed by adding at the end the following new ‘‘(D) COORDINATION WITH SECTION 280F.—For section 179(b)(1) (relating to dollar limita- subsection: purposes of section 280F— tion) is amended to read as follows: ‘‘(i) AUTOMOBILES.—In the case of a pas- ‘‘(k) SPECIAL ALLOWANCE FOR CERTAIN ‘‘If the taxable year The applicable PROPERTY ACQUIRED AFTER SEPTEMBER 10, senger automobile (as defined in section begins in: amount is: 2001, AND BEFORE SEPTEMBER 11, 2002.— 280F(d)(5)) which is qualified property, the 2001 ...... $24,000 ‘‘(1) ADDITIONAL ALLOWANCE.—In the case of Secretary shall increase the limitation 2002 ...... $35,000 any qualified property— under section 280F(a)(1)(A)(i) by $1,600. 2003 or thereafter ...... $25,000.’’. S11836 CONGRESSIONAL RECORD — SENATE November 14, 2001

(b) TEMPORARY INCREASE IN AMOUNT OF respect to the period beginning after Sep- ‘‘(ii) in applying paragraph (1) to such PROPERTY TRIGGERING PHASEOUT OF MAX- tember 10, 2001, and ending before January 1, credit— IMUM BENEFIT.—Paragraph (2) of section 2003, any employee of a New York Recovery ‘‘(I) the tentative minimum tax shall be 179(b) is amended by inserting before the pe- Zone business if— treated as being zero, and riod ‘‘($325,000 in the case of taxable years (A) substantially all the services per- ‘‘(II) the limitation under paragraph (1) (as beginning during 2002)’’. formed during such period by such employee modified by subclause (I)) shall be reduced (c) EFFECTIVE DATE.—The amendments for such business are performed in a trade or by the credit allowed under subsection (a) for made by this section shall apply to taxable business of such business located in an area the taxable year (other than the New York years beginning after December 31, 2000. described in paragraph (2), and Recovery Zone business employee credit). SEC. 203. CARRYBACK OF CERTAIN NET OPER- (B) with respect to any employee of such ‘‘(B) NEW YORK RECOVERY ZONE BUSINESS ATING LOSSES ALLOWED FOR 5 business described in paragraph (2)(B), such EMPLOYEE CREDIT.—For purposes of this sub- YEARS. employee is certified by the New York State section, the term ‘New York Recovery Zone (a) IN GENERAL.—Paragraph (1) of section Department of Labor as not exceeding, when business employee credit’ means the portion 172(b) (relating to years to which loss may be added to all other employees previously cer- of work opportunity credit under section 51 carried) is amended by adding at the end the tified with respect to such period as New determined under section 301 of the Eco- following new subparagraph: York Recovery Zone business employees nomic Recovery and Assistance for American ‘‘(H) In the case of a taxpayer which has a with respect to such business, the number of Workers Act of 2001.’’. net operating loss for any taxable year end- employees of such business on September 11, (2) CONFORMING AMENDMENT.—Subclause ing in 2001, subparagraph (A)(i) shall be ap- 2001, in the New York Recovery Zone. (II) of section 38(c)(2)(A)(ii) is amended by in- plied by substituting ‘5’ for ‘2’ and subpara- (2) NEW YORK RECOVERY ZONE BUSINESS.— serting ‘‘or the New York Recovery Zone graph (F) shall not apply.’’. The term ‘‘New York Recovery Zone busi- business employee credit’’ after ‘‘employ- (b) ELECTION TO DISREGARD 5-YEAR ness’’ means any business establishment ment credit’’. CARRYBACK.—Section 172 (relating to net op- which is— (3) EFFECTIVE DATE.—The amendments erating loss deduction) is amended by redes- (A) located in the New York Recovery made by this subsection shall apply to tax- ignating subsection (j) as subsection (k) and Zone, or able years ending after September 11, 2001. by inserting after subsection (i) the fol- (B) located in the City of New York, New SEC. 302. TAX-EXEMPT PRIVATE ACTIVITY BONDS lowing new subsection: York, outside the New York Recovery Zone, FOR REBUILDING PORTION OF NEW ‘‘(j) ELECTION TO DISREGARD 5-YEAR as the result of the destruction or damage of YORK CITY DAMAGED IN THE SEP- CARRYBACK FOR CERTAIN NET OPERATING such establishment by the September 11, TEMBER 11, 2001, TERRORIST AT- LOSSES.—Any taxpayer entitled to a 5-year 2001, terrorist attack. TACK. (a) TREATMENT AS QUALIFIED BONDS.—For carryback under subsection (b)(1)(H) from (3) NEW YORK RECOVERY ZONE.—The term any loss year may elect to have the ‘‘New York Recovery Zone’’ means the area purposes of the Internal Revenue Code of carryback period with respect to such loss located on or south of Canal Street, East 1986, any qualified NYC recovery bond shall year determined without regard to sub- Broadway (east of its intersection with be treated as an exempt facility bond under section (b)(1)(H). Such election shall be made Canal Street), or Grand Street (east of its section 141(e) of such Code. (b) QUALIFIED NYC RECOVERY BOND.—For in such manner as may be prescribed by the intersection with East Broadway) in the Bor- purposes of this section, the term ‘‘qualified Secretary and shall be made by the due date ough of Manhattan in the City of New York, NYC recovery bond’’ means any bond (including extensions of time) for filing the New York. which— taxpayer’s return for the taxable year of the (4) SPECIAL RULES FOR DETERMINING (1) is issued by the State of New York or net operating loss. Such election, once made AMOUNT OF CREDIT.—For purposes of applying any political subdivision thereof (or any for any taxable year, shall be irrevocable for subpart E of part IV of subchapter B of chap- agency, instrumentality or constituted au- such taxable year.’’. ter 1 of the Internal Revenue Code of 1986 to thority on behalf thereof), and (c) TEMPORARY SUSPENSION OF 90 PERCENT wages paid or incurred to any New York Re- (2) meets the requirements of subsections LIMIT ON CERTAIN NOL CARRYBACKS.—Sub- covery Zone business employee— (c) through (f). paragraph (A) of section 56(d)(1) (relating to (A) section 51(a) of such Code shall be ap- (c) DESIGNATION REQUIREMENTS.—A bond general rule defining alternative tax net op- plied by substituting ‘‘qualified wages’’ for meets the requirements of this subsection if erating loss deduction) is amended to read as ‘‘qualified first-year wages’’, it is issued as part of an issue designated as follows: (B) section 51(d)(12)(A)(i) of such Code shall a qualified NYC recovery bond by the Mayor ‘‘(A) the amount of such deduction shall be applied to the certification of individuals of the City of New York, New York, or an in- not exceed the sum of— employed by a New York Recovery Zone dividual specifically appointed to make such ‘‘(i) the lesser of— business before April 1, 2002, by substituting designation. ‘‘(I) the amount of such deduction attrib- ‘‘on or before May 1, 2002’’ for ‘‘on or before (d) ISSUANCE AND VOLUME REQUIREMENTS.— utable to net operating losses (other than the day on which such individual begins (1) IN GENERAL.—Except as provided in the deduction attributable to carrybacks de- work for the employer’’, paragraph (3), a bond issued as part of an scribed in clause (ii)(I)), or (C) subsections (c)(4) and (i)(2) of section 51 issue meets the requirements of this sub- ‘‘(II) 90 percent of alternative minimum of such Code shall not apply, and section if such bond is issued during 2002 (or taxable income determined without regard (D) in determining qualified wages, the fol- during the period elected under paragraph to such deduction, plus lowing shall apply in lieu of section 51(b) of (2)) and the aggregate face amount of the ‘‘(ii) the lesser of— such Code: bonds issued pursuant to such issue, when ‘‘(I) the amount of such deduction attrib- (i) QUALIFIED WAGES.—The term ‘‘qualified added to the aggregate face amount of quali- utable to carrybacks of net operating losses wages’’ means the wages paid or incurred by fied NYC recovery bonds previously issued, for taxable years ending in 2001, or the employer for work performed during the does not exceed $15,000,000,000. ‘‘(II) alternative minimum taxable income period beginning on September 11, 2001, and (2) ELECTIVE CARRYFORWARD OF UNUSED determined without regard to such deduction ending on December 31, 2002, to individuals LIMITATION.—If the volume cap under para- reduced by the amount determined under who are New York Recovery Zone business graph (1) exceeds the aggregate amount of clause (i), and’’. employees of such employer. qualified NYC recovery bonds issued during (d) EFFECTIVE DATE.—The amendments (ii) ONLY FIRST $12,000 OF WAGES PER TAX- 2002, the issuing authority under subsection made by this section shall apply to net oper- ABLE YEAR TAKEN INTO ACCOUNT.—The (b) may elect to carry forward such excess ating losses for taxable years ending in 2001. amount of the qualified wages which may be volume cap for an additional 3-year period TITLE III—TAX INCENTIVES AND RELIEF taken into account with respect to any indi- under rules similar to the rules of section FOR VICTIMS OF TERRORISM, DISAS- vidual shall not exceed $12,000 per taxable 146(f) of the Internal Revenue Code of 1986 TERS, AND DISTRESSED CONDITIONS year of the employer. (other than paragraph (2) thereof). Subtitle A—Tax Incentives for New York City (c) CREDIT ALLOWED AGAINST REGULAR AND (3) CERTAIN CURRENT REFUNDINGS NOT and Distressed Areas MINIMUM TAX.— COUNTED.—For purposes of paragraph (1), SEC. 301. EXPANSION OF WORK OPPORTUNITY (1) IN GENERAL.—Subsection (c) of section there shall not be taken into account any TAX CREDIT TARGETED CAT- 38 (relating to limitation based on amount of current refunding bond the proceeds of which EGORIES TO INCLUDE CERTAIN EM- tax) is amended by redesignating paragraph are used to refund any bond described in PLOYEES IN NEW YORK CITY. (3) as paragraph (4) and by inserting after paragraph (1) to the extent the face amount (a) IN GENERAL.—For purposes of section 51 paragraph (2) the following new paragraph: of such current refunding bond does not ex- of the Internal Revenue Code of 1986 (relat- ‘‘(3) SPECIAL RULES FOR NEW YORK RECOV- ceed the outstanding face amount of the re- ing to work opportunity credit), a New York ERY ZONE BUSINESS EMPLOYEE CREDIT.— funded bond. Recovery Zone business employee shall be ‘‘(A) IN GENERAL.—In the case of the New (e) QUALIFIED PROJECT REQUIREMENTS.— treated as a member of a targeted group. York Recovery Zone business employee (1) IN GENERAL.—A bond meets the require- (b) NEW YORK RECOVERY ZONE BUSINESS credit— ments of this subsection if it is issued as EMPLOYEE.—For purposes of this section— ‘‘(i) this section and section 39 shall be ap- part of an issue at least 95 percent of the net (1) IN GENERAL.—The term ‘‘New York Re- plied separately with respect to such credit, proceeds of which are to be used for qualified covery Zone business employee’’ means, with and project costs. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11837

(2) QUALIFIED PROJECT COSTS.—For pur- percent’’ for ‘‘15 percent’’ each place it ap- property purchased by the taxpayer, such poses of this subsection— pears. cost shall be allocated to such eligible prop- (A) IN GENERAL.—The term ‘‘qualified (4) Section 148(f)(4)(C) of such Code (relat- erty in accordance with rules prescribed by project costs’’ means— ing to exception from rebate for certain pro- the Secretary. (i) with respect to a qualified project de- ceeds to be used to finance construction ex- (3) SPECIAL RULE FOR CONSOLIDATED scribed in paragraph (3)(A)(i), the costs of ac- penditures) shall apply to construction pro- GROUPS.—For purposes of paragraph (1), an quisition, construction, reconstruction, and ceeds of bonds issued under this section. affiliated group filing a consolidated return renovation of commercial real property and (5) Rules similar to the rules of section may elect to treat any qualified replacement residential rental real property, including— 143(a)(2)(A)(iv) of such Code (relating to use property purchased by a member of the (I) buildings and their structural compo- of loan repayments) shall apply to bonds group as purchased by another member of nents, issued under this section. the group. (II) fixed tenant improvements, and (g) BOND INTEREST NOT AN AMT PREF- (c) ELIGIBLE PROPERTY.—For purposes of (III) public utility property, and ERENCE ITEM.—For purposes of section this section, the term ‘‘eligible property’’ (ii) with respect to a qualified project de- 57(a)(5) of the Internal Revenue Code of 1986, means any tangible property— scribed in paragraph (3)(A)(ii), the costs of a qualified NYC recovery bond shall not be (1) which is section 1245 property (as de- acquisition, construction, reconstruction, treated as a specified private activity bond. fined in section 1245(a)(3) of the Internal Rev- and renovation of commercial real property, (h) SEPARATE ISSUE TREATMENT OF POR- enue Code of 1986) or qualified leasehold im- including— TIONS OF AN ISSUE.—This section shall not provement property (as defined in section (I) buildings and their structural compo- apply to the portion of the proceeds of an 168(k)(3) of such Code), nents, and issue which (if issued as a separate issue) (2) substantially all of the use of which as (II) fixed tenant improvements. would be treated as a qualified bond or as a of September 11, 2001, was in a business es- (B) LIMITATIONS.— bond that is not a private activity bond (de- tablishment of the taxpayer located in the (i) RESIDENTIAL RENTAL REAL PROPERTY.— termined without regard to subsection (a)), if New York Recovery Zone, and Such term shall not include costs with re- the issuer elects to so treat such portion. (3) which was damaged or destroyed in the ET PROCEEDS.—For purposes of this spect to residential rental real property to (i) N terrorist attacks of September 11, 2001. section, the term ‘‘net proceeds’’ has the the extent such costs for all such property (d) QUALIFIED REPLACEMENT PROPERTY.— meaning given such term by section 150(a)(3) exceed 20 percent of the aggregate face For purposes of this section— of the Internal Revenue Code of 1986. amount of the bonds issued under this sec- (1) IN GENERAL.—The term ‘‘qualified re- (j) INTEREST ON DEBT USED TO PURCHASE OR tion. placement property’’ means tangible CARRY QUALIFIED NYC RECOVERY BONDS.— (ii) RETAIL SALES PROPERTY.—Such term property— (1) IN GENERAL.—Section 265(b)(3) (relating shall not include costs with respect to prop- to exception for certain tax-exempt obliga- (A) which is described in subsection (c)(1), erty used for retail sales of tangible property tions) is amended— (B) which is purchased by the taxpayer on and functionally related and subordinate (A) by inserting ‘‘a tax-exempt obligation or after September 11, 2001, and placed in property to the extent such costs for all such issued pursuant to section 302 of the Eco- service in the City of New York, New York, property exceeds 10 percent of the aggregate nomic Recovery and Assistance for American before January 1, 2007, face amount of the bonds issued under this Workers Act of 2001 or’’ after ‘‘means’’ in (C) the original use of which in such city section. subparagraph (B)(i), begins with the taxpayer, and (iii) MOVABLE FIXTURES AND EQUIPMENT.— (B) by inserting ‘‘other than an obligation (D) substantially all of the use of which is Such term shall not include costs with re- issued pursuant to section 302 of the Eco- reasonably expected to be in connection with spect to movable fixtures and equipment. nomic Recovery and Assistance for American a business establishment of the taxpayer lo- (3) QUALIFIED PROJECTS.—For purposes of Workers Act of 2001’’ after ‘‘of a qualified cated in such city. this subsection— tax-exempt obligation’’ in subparagraph (2) RECAPTURE.—The Secretary shall, by (A) IN GENERAL.—The term ‘‘qualified (D)(ii), and regulations, provide for the recapture of any project’’ means any project— (C) by adding at the end of subparagraph Federal tax benefit provided by this section (i) located within the New York Recovery (D) the following new clause: in cases where a taxpayer ceases to use prop- Zone, or erty as qualified replacement property and ‘‘(iv) REFUNDINGS OF CERTAIN OBLIGA- (ii) located within the City of New York, such recapture is necessary to prevent the TIONS.—In the case of a refunding (or a series New York, but outside of the New York Re- of refundings) of a qualified tax-exempt obli- avoidance of the purposes of this section. covery Zone, but only if— gation that is an obligation issued pursuant (e) COORDINATION WITH OTHER PROVISIONS (I) such project consists of at least 100,000 to section 302 of the Economic Recovery and OF CODE.—For purposes of the Internal Rev- square feet of usable office or other commer- Assistance for American Workers Act of 2001, enue Code of 1986— cial space located in a single building or the refunding obligation shall be treated as a (1) SPECIAL RULE FOR TREATMENT OF UNREC- multiple adjacent buildings, and qualified tax-exempt obligation if the re- OGNIZED GAIN IN ELIGIBLE PROPERTY.—Sec- (II) the aggregate face amount of the bonds funding obligation meets the requirements tions 1245 and 1250 of such Code shall not issued to finance such project, when added to of such section.’’. apply to any gain on the disposition of eligi- the aggregate face amount of all bonds (2) EFFECTIVE DATE.—The amendments ble property not recognized by reason of this issued to finance all other projects described made by this subsection shall apply to tax- section. in this clause, does not exceed $7,000,000,000. able years ending on or after the date of the (2) LOSS ELECTION NOT TO APPLY TO ELIGI- (B) NEW YORK RECOVERY ZONE.—The term enactment of this Act. BLE PROPERTY.—If a taxpayer elects the ap- ‘‘New York Recovery Zone’’ means the area plication of this section with respect to any located on or south of Canal Street, East SEC. 303. GAIN OR LOSS FROM PROPERTY DAM- AGED OR DESTROYED IN NEW YORK eligible property, the taxpayer may not Broadway (east of its intersection with RECOVERY ZONE. make an election under section 165(i) of such Canal Street), or Grand Street (east of its (a) GENERAL RULE.—For purposes of the In- Code with respect to any loss attributable to intersection with East Broadway) in the Bor- ternal Revenue Code of 1986, if a taxpayer the property. ough of Manhattan in the City of New York, elects the application of this section with re- (3) BASIS ADJUSTMENTS OF QUALIFIED RE- New York. spect to any eligible property, then any gain PLACEMENT PROPERTY.— (f) GENERAL REQUIREMENTS.—A bond meets or loss on the disposition of the property (A) IN GENERAL.—The basis of any qualified the requirements of this subsection if it is shall be determined without regard to any replacement property shall be reduced by the issued as part of an issue which meets the re- compensation (by insurance or otherwise) re- amount of any compensation disregarded by quirements of part IV of subchapter B of ceived by the taxpayer for damages sus- reason of subsection (a). chapter 1 of the Internal Revenue Code of tained to the property as a result of the ter- (B) SPECIAL RULES FOR RECAPTURE.—For 1986 applicable to an exempt facility bond, rorist attacks occurring on September 11, purposes of sections 1245 and 1250 of such except as follows: 2001. Such election shall be made at such Code, any reduction under subparagraph (A) (1) Sections 142(d) and 150(b)(2) (relating to time and in such manner as the Secretary of shall be treated as a deduction allowed for qualified residential rental project), and sec- the Treasury may prescribe, and, once made, depreciation, except that for purposes of sec- tion 146 (relating to volume cap) of such is irrevocable. tion 1250(b) of such Code, the determination Code shall not apply to bonds issued under (b) LIMITATION BASED ON PURCHASE OF RE- of what would have been the depreciation ad- this section. PLACEMENT PROPERTY.— justments under the straight line method (2) The application of section 147(c) of such (1) IN GENERAL.—Subsection (a) shall apply shall be made as if there had been no reduc- Code (relating to limitation on use for land to compensation received with respect to eli- tion under subparagraph (A). acquisition) shall be determined by reference gible property only to the extent of the cost (4) SPECIAL RULES FOR APPLYING SECTION to the aggregate authorized face amount of of any qualified replacement property pur- 1033.—For purposes of applying section 1033 of all bonds issued under this section rather chased by the taxpayer. such Code to converted property which is eli- than the net proceeds of each issue. (2) ALLOCATION.—If the aggregate com- gible property with respect to which an elec- (3) Section 147(d) of such Code (relating to pensation received by a taxpayer with re- tion under subsection (a) has been made— acquisition of existing property not per- spect to all eligible property exceeds the ag- (A) the amount realized from the eligible mitted) shall be applied by substituting ‘‘50 gregate cost of all qualified replacement property shall not include any compensation S11838 CONGRESSIONAL RECORD — SENATE November 14, 2001 received by the taxpayer which is dis- term ‘qualified Indian tribal government’ (B) by adding at the end the following new regarded by reason of subsection (a), and means an Indian tribal government which subsection: (B) any qualified replacement property exercises general governmental authority ‘‘(f) NET PROCEEDS.—For purposes of this shall be disregarded in determining whether over an Indian reservation (as so defined) section, the term ‘net proceeds’ has the property was acquired for the purposes of re- with an unemployment rate among members meaning given such term by section placing the converted property. of the tribe of at least 25 percent. For pur- 150(a)(3).’’. (f) OTHER DEFINITIONS AND RULES.—For poses of the preceding sentence, determina- (c) EFFECTIVE DATE.—The amendments purposes of this section— tions of unemployment shall be made with made by this section shall apply to bonds (1) NEW YORK RECOVERY ZONE.—The term respect to any issuance of a bond under this issued after December 31, 2001. ‘‘New York Recovery Zone’’ means the area section on the basis of the most recent re- Subtitle B—Victims of Terrorism Tax Relief located on or south of Canal Street, East port published by the Bureau of Indian Af- SEC. 310. SHORT TITLE. Broadway (east of its intersection with fairs under section 17(a) of the Indian Em- This subtitle may be cited as the ‘‘Victims Canal Street), or Grand Street (east of its ployment, Training and Related Services of Terrorism Tax Relief Act of 2001’’. intersection with East Broadway) in the Bor- Demonstration Act of 1992 (25 U.S.C. 3416(a)) PART I—RELIEF PROVISIONS FOR VIC- ough of Manhattan in the City of New York, before such issuance. TIMS OF APRIL 19, 1995, AND SEP- New York. ‘‘(D) DESIGNATION REQUIREMENTS.—A bond TEMBER 11, 2001, TERRORIST ATTACKS IME FOR ASSESSMENT meets the requirements of this subparagraph (2) T .—Rules similar to SEC. 311. INCOME AND EMPLOYMENT TAXES OF the rules of subparagraphs (C) and (D) of sec- if it is issued as part of an issue designated VICTIMS OF TERRORIST ATTACKS. as a qualified Indian private activity bond tion 1033(a)(2) of such Code shall apply for (a) IN GENERAL.—Section 692 (relating to purposes of this section. for a purpose described in subclause (I), (II), income taxes of members of Armed Forces on (3) RELATED PARTY LIMITATION.—Section or (III) of subparagraph (B)(i) by the quali- death) is amended by adding at the end the 1033(i) of such Code shall apply for purposes fied Indian tribal government. following new subsection: of this section. ‘‘(E) VOLUME REQUIREMENTS.— ‘‘(d) CERTAIN INDIVIDUALS DYING AS A RE- SEC. 304. REENACTMENT OF EXCEPTIONS FOR ‘‘(i) IN GENERAL.—A bond issued as part of SULT OF APRIL 19, 1995, AND SEPTEMBER 11, QUALIFIED-MORTGAGE-BOND-FI- an issue meets the requirements of this sub- 2001, TERRORIST ATTACKS.— NANCED LOANS TO VICTIMS OF paragraph if such bond is issued during 2002 ‘‘(1) IN GENERAL.—In the case of any indi- PRESIDENTIALLY DECLARED DISAS- (or during the period elected under clause vidual who dies as a result of wounds or in- TERS. (ii)) and the aggregate face amount of the jury incurred as a result of the terrorist at- Section 143(k)(11) (relating to special rules bonds issued pursuant to such issue, when tacks against the United States on April 19, for residences located in disaster areas) is added to the aggregate face amount of quali- 1995, or September 11, 2001, any tax imposed amended— fied Indian private activity bonds previously by this subtitle shall not apply— (1) by inserting ‘‘damaged or destroyed by issued by such qualified Indian tribal govern- ‘‘(A) with respect to the taxable year in a disaster and’’ after ‘‘In the case of a resi- ment, does not exceed $10,000,000. which falls the date of such individual’s dence’’, ‘‘(ii) ELECTIVE CARRYFORWARD OF UNUSED death, and (2) by inserting after subparagraph (B) the LIMITATION.—If the volume cap under clause ‘‘(B) with respect to any prior taxable year following new subparagraph: (i) exceeds the aggregate amount of qualified in the period beginning with the last taxable ‘‘(C) Paragraph (4) of this subsection shall Indian private activity bonds issued during year ending before the taxable year in which be applied by substituting ‘$25,000’ for 2002, the qualified Indian tribal government the wounds or injury were incurred. ‘$15,000’.’’, and may elect to carry forward such excess vol- ‘‘(2) EXCEPTIONS.— (3) by inserting ‘‘, and after December 31, ume cap for an additional 3-year period ‘‘(A) TAXATION OF CERTAIN BENEFITS.—Sub- 2001, and before January 1, 2003’’ after ‘‘1999’’ under rules similar to the rules of section ject to such rules as the Secretary may pre- in the last sentence. 146(f) (other than paragraph (2) thereof). scribe, paragraph (1) shall not apply to the ‘‘(F) APPLICATION OF SECTION 42 TO RESIDEN- SEC. 305. ONE-YEAR EXPANSION OF AUTHORITY amount of any tax imposed by this subtitle FOR INDIAN TRIBES TO ISSUE TAX- TIAL RENTAL PROJECTS FINANCED BY BONDS which would be computed by only taking EXEMPT PRIVATE ACTIVITY BONDS. UNDER THIS PARAGRAPH.—In the case of bonds into account the items of income, gain, or (a) IN GENERAL.—Section 7871(c) (relating described in subparagraph (B)(i)(I), issuance other amounts attributable to— to additional requirements for tax-exempt under the requirements of subparagraph (E) ‘‘(i) amounts payable in the taxable year bonds) is amended by adding at the end the shall be treated as issuance under the re- by reason of the death of an individual de- following new paragraph: quirements of section 146 for purposes of de- scribed in paragraph (1) which would have ‘‘(4) EXCEPTION FOR QUALIFIED INDIAN PRI- termining the application of section 42 to been payable in such taxable year if the VATE ACTIVITY BONDS.— projects financed by the net proceeds of such death had occurred by reason of an event ‘‘(A) IN GENERAL.—In the case of any quali- bonds. other than the terrorist attacks against the fied Indian private activity bond— ‘‘(G) SPECIAL RULE FOR DETERMINING ENTER- United States on April 19, 1995, or September ‘‘(i) paragraph (2) shall not apply, PRISE ZONE BUSINESS.—For purposes of sub- ‘‘(ii) such bond shall be treated as a quali- paragraph (B)(i)(III), an enterprise zone busi- 11, 2001, or fied bond under section 141(e), and ness shall not include any facility a principal ‘‘(ii) amounts payable in the taxable year ‘‘(iii) section 146 shall not apply. business of which is the sale of tobacco prod- which would not have been payable in such taxable year but for an action taken after ‘‘(B) QUALIFIED INDIAN PRIVATE ACTIVITY ucts or highway motor fuels, unless the April 19, 1995, or after September 11, 2001 (as BOND.—For purposes of this paragraph, the qualified Indian tribal government has en- term ‘qualified Indian private activity bond’ tered into an agreement with the State in the case may be). means any bond which— which such facility is located to collect ap- ‘‘(B) NO RELIEF FOR PERPETRATORS.—Para- ‘‘(i) is issued by a qualified Indian tribal plicable State taxes on such products or graph (1) shall not apply with respect to any government— fuels. individual identified by the Attorney Gen- eral to have been a participant or con- ‘‘(I) as part of an issue 95 percent or more ‘‘(H) BOND INTEREST NOT AN AMT PREF- spirator in any such terrorist attack, or a of the net proceeds of which are to be used to ERENCE ITEM.—For purposes of section provide qualified residential rental projects 57(a)(5), a bond designated under subpara- representative of such individual.’’. (b) REFUND OF OTHER TAXES PAID.—Section (as determined under section 142(d), by sub- graph (D) as a qualified Indian private activ- 692, as amended by subsection (a), is amend- stituting ‘statewide median gross income’ ity bond shall not be treated as a specified ed by adding at the end the following new for ‘area median gross income’), private activity bond. subsection: ‘‘(II) as part of a qualified mortgage issue ‘‘(I) REPORT.—The Secretary shall compile ‘‘(e) REFUND OF OTHER TAXES PAID.—In de- (as defined in section 143(a)(2)), necessary data from reports required under termining the amount of tax under this sec- ‘‘(III) as part of an issue 95 percent or more section 149(e) relating to the issuance of tion to be credited or refunded as an over- of the net proceeds of which are to be used to bonds under this paragraph and shall report payment with respect to any individual for provide any facility described in section to the Committee on Ways and Means of the any period, such amount shall be increased 1394(b)(1) for any business (whether tribally House of Representatives and the Committee by an amount equal to the amount of taxes owned or not) that would qualify as an enter- on Finance of the Senate not later than Sep- imposed and collected under chapter 21 and prise zone business if the Indian reservation tember 30 of any year following the calendar sections 3201(a), 3211(a)(1), and 3221(a) with (as defined in section 168(j)(6)) over which year in which Indian tribal governments respect to such individual for such period.’’. the qualified Indian tribal government exer- issued bonds under this paragraph and the (c) CONFORMING AMENDMENTS.— cises general governmental authority were activities for which such bonds were (1) Section 5(b)(1) is amended by inserting treated as an empowerment zone, or issued.’’. ‘‘and victims of certain terrorist attacks’’ ‘‘(IV) as part of an issue to be used for (b) CONFORMING AMENDMENTS.— before ‘‘on death’’. more than 1 of the purposes described in the (1) Section 7871(c)(2) is amended by strik- (2) Section 6013(f)(2)(B) is amended by in- preceding subclauses, and ing ‘‘paragraph (3)’’ and inserting ‘‘para- serting ‘‘and victims of certain terrorist at- ‘‘(ii) meets the requirements of subpara- graphs (3) and (4)’’. tacks’’ before ‘‘on death’’. graphs (D) and (E). (2) Section 7871 is amended— (d) CLERICAL AMENDMENTS.— ‘‘(C) QUALIFIED INDIAN TRIBAL GOVERN- (A) by striking clause (iii) of subsection (1) The heading of section 692 is amended MENT.—For purposes of this paragraph, the (c)(3)(E), and to read as follows: November 14, 2001 CONGRESSIONAL RECORD — SENATE S11839 ‘‘SEC. 692. INCOME AND EMPLOYMENT TAXES OF ‘‘If the amount with re- The tentative tax is: terrorist attacks against the United States MEMBERS OF ARMED FORCES AND spect to which the on September 11, 2001, shall be treated as re- VICTIMS OF CERTAIN TERRORIST tentative tax to be lated to the purpose or function constituting ATTACKS ON DEATH.’’. computed is: the basis for such organization’s exemption (2) The item relating to section 692 in the Over $1,100,000 but not $48,500 plus 8 percent of under section 501 of such Code if such pay- over $1,600,000. the excess over table of sections for part II of subchapter J ments are made using an objective formula $1,100,000. which is consistently applied, and of chapter 1 is amended to read as follows: Over $1,600,000 but not $88,500 plus 9 percent of over $2,100,000. the excess over (2) in the case of a private foundation (as ‘‘Sec. 692. Income and employment taxes of defined in section 509 of such Code), any pay- members of Armed Forces and $1,600,000. Over $2,100,000 but not $133,500 plus 10 percent of ment described in paragraph (1) shall not be victims of certain terrorist at- over $2,600,000. the excess over treated as made to a disqualified person for tacks on death.’’. $2,100,000. purposes of section 4941 of such Code. (d) EFFECTIVE DATE; WAIVER OF LIMITA- Over $2,600,000 but not $183,500 plus 11 percent of (b) EFFECTIVE DATE.—This section shall over $3,100,000. the excess over apply to payments made on or after Sep- TIONS.— $2,600,000. tember 11, 2001. (1) EFFECTIVE DATE.—The amendments Over $3,100,000 but not $238,500 plus 12 percent of made by this section shall apply to taxable SEC. 314. EXCLUSION OF CERTAIN CANCELLA- over $3,600,000. the excess over TIONS OF INDEBTEDNESS. years ending before, on, or after September $3,100,000. (a) IN GENERAL.—For purposes of the Inter- 11, 2001. Over $3,600,000 but not $298,500 plus 13 percent of nal Revenue Code of 1986— (2) WAIVER OF LIMITATIONS.—If refund or over $4,100,000. the excess over $3,600,000. (1) gross income shall not include any credit of any overpayment of tax resulting amount which (but for this section) would be from the amendments made by this section Over $4,100,000 but not $363,500 plus 14 percent of over $5,100,000. the excess over includible in gross income by reason of the is prevented at any time before the close of $4,100,000. discharge (in whole or in part) of indebted- the 1-year period beginning on the date of Over $5,100,000 but not $503,500 plus 15 percent of ness of any taxpayer if the discharge is by the enactment of this Act by the operation over $6,100,000. the excess over reason of the death of an individual incurred of any law or rule of law (including res judi- $5,100,000. as the result of the terrorist attacks against cata), such refund or credit may nevertheless Over $6,100,000 but not $653,500 plus 16 percent of the United States on September 11, 2001, and be made or allowed if claim therefor is filed over $7,100,000. the excess over (2) return requirements under section 6050P before the close of such period. $6,100,000. of such Code shall not apply to any discharge Over $7,100,000 but not $813,500 plus 17 percent of described in paragraph (1). SEC. 312. ESTATE TAX REDUCTION. over $8,100,000. the excess over (b) EFFECTIVE DATE.—This section shall (a) IN GENERAL.—Section 2201 is amended $7,100,000. apply to discharges made on or after Sep- to read as follows: Over $8,100,000 but not $983,500 plus 18 percent of tember 11, 2001, and before January 1, 2002. over $9,100,000. the excess over ‘‘SEC. 2201. COMBAT ZONE-RELATED DEATHS OF $8,100,000. PART II—GENERAL RELIEF FOR VICTIMS MEMBERS OF THE ARMED FORCES Over $9,100,000 but not $1,163,500 plus 19 percent OF DISASTERS AND TERRORISTIC OR AND DEATHS OF VICTIMS OF CER- over $10,100,000. of the excess over MILITARY ACTIONS TAIN TERRORIST ATTACKS. $9,100,000. ‘‘(a) IN GENERAL.—Unless the executor SEC. 321. EXCLUSION FOR DISASTER RELIEF PAY- Over $10,100,000 ...... $1,353,500 plus 20 percent MENTS. elects not to have this section apply, in ap- of the excess over (a) IN GENERAL.—Part III of subchapter B plying section 2001 to the estate of a quali- $10,100,000. of chapter 1 (relating to items specifically fied decedent, the rate schedule set forth in ‘‘(d) DETERMINATION OF UNIFIED CREDIT.— excluded from gross income) is amended by subsection (c) shall be deemed to be the rate In the case of an estate to which this section redesignating section 139 as section 140 and schedule set forth in section 2001(c). applies, subsection (a) shall not apply in de- inserting after section 138 the following new ‘‘(b) QUALIFIED DECEDENT.—For purposes of termining the credit under section 2010.’’. section: this section, the term ‘qualified decedent’ (b) CONFORMING AMENDMENTS.— ‘‘SEC. 139. DISASTER RELIEF PAYMENTS. means— (1) Section 2011 is amended by striking sub- ‘‘(a) GENERAL RULE.—Gross income shall ‘‘(1) any citizen or resident of the United section (d) and by redesignating subsections not include— (e), (f), and (g) as subsections (d), (e), and (f), ‘‘(1) any amount received as payment States dying while in active service of the respectively. Armed Forces of the United States, if such under section 406 of the Air Transportation (2) Section 2053(d)(3)(B) is amended by Safety and System Stabilization Act, or decedent— striking ‘‘section 2011(e)’’ and inserting ‘‘sec- ‘‘(A) was killed in action while serving in a tion 2011(d)’’. ‘‘(2) any amount received by an individual as a qualified disaster relief payment. combat zone, as determined under section (3) Paragraph (9) of section 532(c) of the 112(c), or Economic Growth and Tax Relief Reconcili- ‘‘(b) QUALIFIED DISASTER RELIEF PAYMENT ‘‘(B) died as a result of wounds, disease, or ation Act of 2001 is repealed. DEFINED.—For purposes of this section, the term ‘qualified disaster relief payment’ injury suffered while serving in a combat (c) CLERICAL AMENDMENT.—The item relat- ing to section 2201 in the table of sections for means any amount paid to or for the benefit zone (as determined under section 112(c)), of an individual— and while in the line of duty, by reason of a subchapter C of chapter 11 is amended to read as follows: ‘‘(1) to reimburse or pay reasonable and hazard to which such decedent was subjected necessary personal, family, living, or funeral as an incident of such service, or ‘‘Sec. 2201. Combat zone-related deaths of expenses incurred as a result of a qualified ‘‘(2) any individual who died as a result of members of the Armed Forces disaster, wounds or injury incurred as a result of the and deaths of victims of certain ‘‘(2) to reimburse or pay reasonable and terrorist attacks against the United States terrorist attacks.’’. necessary expenses incurred for the repair or on April 19, 1995, or September 11, 2001. (d) EFFECTIVE DATE; WAIVER OF LIMITA- rehabilitation of a personal residence or re- Paragraph (2) shall not apply with respect to TIONS.— pair or replacement of its contents to the ex- tent that the need for such repair, rehabili- any individual identified by the Attorney (1) EFFECTIVE DATE.—The amendments tation, or replacement is attributable to a General to have been a participant or con- made by this section shall apply to estates of decedents— qualified disaster, spirator in any such terrorist attack, or a ‘‘(3) by a person engaged in the furnishing representative of such individual. (A) dying on or after September 11, 2001, and or sale of transportation as a common car- ‘‘(c) RATE SCHEDULE.— rier by reason of the death or personal phys- (B) in the case of individuals dying as a re- ical injuries incurred as a result of a quali- ‘‘If the amount with re- The tentative tax is: sult of the April 19, 1995, terrorist attack, fied disaster, or spect to which the dying on or after April 19, 1995. ‘‘(4) if such amount is paid by a Federal, tentative tax to be (2) WAIVER OF LIMITATIONS.—If refund or State, or local government, or agency or in- computed is: credit of any overpayment of tax resulting Not over $150,000 ...... 1 percent of the amount from the amendments made by this section strumentality thereof, in connection with a by which such amount is prevented at any time before the close of qualified disaster in order to promote the exceeds $100,000. the 1-year period beginning on the date of general welfare, Over $150,000 but not over $500 plus 2 percent of the the enactment of this Act by the operation but only to the extent any expense com- $200,000. excess over $150,000. of any law or rule of law (including res judi- pensated by such payment is not otherwise Over $200,000 but not over $1,500 plus 3 percent of cata), such refund or credit may nevertheless compensated for by insurance or otherwise. $300,000. the excess over $200,000. ‘‘(c) QUALIFIED DISASTER DEFINED.—For Over $300,000 but not over $4,500 plus 4 percent of be made or allowed if claim therefor is filed before the close of such period. purposes of this section, the term ‘qualified $500,000. the excess over $300,000. disaster’ means— Over $500,000 but not over $12,500 plus 5 percent of SEC. 313. PAYMENTS BY CHARITABLE ORGANIZA- $700,000. the excess over $500,000. TIONS TREATED AS EXEMPT PAY- ‘‘(1) a disaster which results from a terror- Over $700,000 but not over $22,500 plus 6 percent of MENTS. istic or military action (as defined in section $900,000. the excess over $700,000. (a) IN GENERAL.—For purposes of the Inter- 692(c)(2)), Over $900,000 but not over $34,500 plus 7 percent of nal Revenue Code of 1986— ‘‘(2) a Presidentially declared disaster (as $1,100,000. the excess over $900,000. (1) payments made by an organization de- defined in section 1033(h)(3)), scribed in section 501(c)(3) of such Code by reason of the death, injury, or wounding of an individual incurred as the result of the S11840 CONGRESSIONAL RECORD — SENATE November 14, 2001 ‘‘(3) a disaster which results from an acci- 7508(a)(1)(K) (relating to time to be dis- ‘‘Sec. 7508A. Authority to postpone certain dent involving a common carrier, or from regarded) is amended by striking ‘‘in regula- deadlines by reason of Presi- any other event, which is determined by the tions prescribed under this section’’. dentially declared disaster or Secretary to be of a catastrophic nature, or (c) CONFORMING AMENDMENTS TO ERISA.— terroristic or military ac- ‘‘(4) with respect to amounts described in (1) Part 5 of subtitle B of title I of the Em- tions.’’. ployee Retirement Income Security Act of subsection (b)(4), a disaster which is deter- (2) The table of contents for the Employee 1974 (29 U.S.C. 1131 et seq.) is amended by mined by an applicable Federal, State, or Retirement Income Security Act of 1974 is adding at the end the following new section: local authority (as determined by the Sec- amended by inserting after the item relating retary) to warrant assistance from the Fed- ‘‘SEC. 518. AUTHORITY TO POSTPONE CERTAIN to section 517 the following new item: eral, State, or local government or agency or DEADLINES BY REASON OF PRESI- instrumentality thereof. DENTIALLY DECLARED DISASTER ‘‘Sec. 518. Authority to postpone certain OR TERRORISTIC OR MILITARY AC- ‘‘(d) COORDINATION WITH EMPLOYMENT deadlines by reason of Presi- TIONS. TAXES.—For purposes of chapter 2 and sub- dentially declared disaster or ‘‘In the case of a pension or other employee title C, a qualified disaster relief payment terroristic or military ac- benefit plan, or any sponsor, administrator, shall not be treated as net earnings from tions.’’. participant, beneficiary, or other person self-employment, wages, or compensation with respect to such plan, affected by a (e) EFFECTIVE DATE.—The amendments subject to tax. Presidentially declared disaster (as defined made by this section shall apply to disasters ‘‘(e) NO RELIEF FOR CERTAIN INDIVIDUALS.— in section 1033(h)(3) of the Internal Revenue and terroristic or military actions occurring Subsection (a) shall not apply with respect Code of 1986) or a terroristic or military ac- on or after September 11, 2001, with respect to any individual identified by the Attorney tion (as defined in section 692(c)(2) of such to any action of the Secretary of the Treas- General to have been a participant or con- Code), the Secretary may, notwithstanding ury, the Secretary of Labor, or the Pension spirator in a terroristic action (as so de- any other provision of law, prescribe, by no- Benefit Guaranty Corporation occurring on fined), or a representative of such indi- tice or otherwise, a period of up to one year or after the date of the enactment of this vidual.’’. which may be disregarded in determining the Act. (b) CONFORMING AMENDMENTS.—The table of sections for part III of subchapter B of date by which any action is required or per- SEC. 323. INTERNAL REVENUE SERVICE DIS- ASTER RESPONSE TEAM. chapter 1 is amended by striking the item re- mitted to be completed under this Act. No (a) IN GENERAL.—Section 7508A, as amend- lating to section 139 and inserting the fol- plan shall be treated as failing to be operated ed by section 322(a), is amended by adding at lowing new items: in accordance with the terms of the plan solely as the result of disregarding any pe- the end the following new subsection: ‘‘Sec. 139. Disaster relief payments. riod by reason of the preceding sentence.’’. ‘‘(d) DUTIES OF DISASTER RESPONSE TEAM.— ‘‘Sec. 140. Cross references to other Acts.’’. (2) Section 4002 of Employee Retirement The Secretary shall establish as a permanent Income Security Act of 1974 (29 U.S.C. 1302) is office in the national office of the Internal (c) EFFECTIVE DATE.—The amendments Revenue Service a disaster response team made by this section shall apply to taxable amended by adding at the end the following which, in coordination with the Federal years ending on or after September 11, 2001. new subsection: ‘‘(i) SPECIAL RULES REGARDING DISASTERS, Emergency Management Agency, shall assist SEC. 322. AUTHORITY TO POSTPONE CERTAIN ETC.—In the case of a pension or other em- taxpayers in clarifying and resolving Federal DEADLINES AND REQUIRED AC- TIONS. ployee benefit plan, or any sponsor, adminis- tax matters associated with or resulting from any Presidentially declared disaster (as (a) EXPANSION OF AUTHORITY RELATING TO trator, participant, beneficiary, or other per- defined in section 1033(h)(3)) or a terroristic DISASTERS AND TERRORISTIC OR MILITARY AC- son with respect to such plan, affected by a or military action (as defined in section TIONS.—Section 7508A is amended to read as Presidentially declared disaster (as defined follows: in section 1033(h)(3) of the Internal Revenue 692(c)(2)).’’. Code of 1986) or a terroristic or military ac- (b) EFFECTIVE DATE.—The amendment ‘‘SEC. 7508A. AUTHORITY TO POSTPONE CERTAIN made by this section shall take effect on the DEADLINES BY REASON OF PRESI- tion (as defined in section 692(c)(2) of such DENTIALLY DECLARED DISASTER Code), the corporation may, notwithstanding date of the enactment of this Act. OR TERRORISTIC OR MILITARY AC- any other provision of law, prescribe, by no- SEC. 324. APPLICATION OF CERTAIN PROVISIONS TIONS. tice or otherwise, a period of up to one year TO TERRORISTIC OR MILITARY AC- ‘‘(a) IN GENERAL.—In the case of a taxpayer which may be disregarded in determining the TIONS. determined by the Secretary to be affected date by which any action is required or per- (a) EXCLUSION FOR DEATH BENEFITS.—Sec- by a Presidentially declared disaster (as de- mitted to be completed under this Act. No tion 101 (relating to certain death benefits) is fined in section 1033(h)(3)) or a terroristic or plan shall be treated as failing to be operated amended by adding at the end the following military action (as defined in section in accordance with the terms of the plan new subsection: 692(c)(2)), the Secretary may specify a period solely as the result of disregarding any pe- ‘‘(i) CERTAIN EMPLOYEE DEATH BENEFITS of up to one year that may be disregarded in riod by reason of the preceding sentence.’’. PAYABLE BY REASON OF DEATH FROM TERROR- determining, under the internal revenue (d) ADDITIONAL CONFORMING AMEND- ISTIC OR MILITARY ACTIONS.— laws, in respect of any tax liability of such MENTS.— ‘‘(1) IN GENERAL.—Gross income does not taxpayer— (1) Section 6404 is amended— include amounts which are received (whether ‘‘(1) whether any of the acts described in (A) by striking subsection (h), in a single sum or otherwise) if such paragraph (1) of section 7508(a) were per- (B) by redesignating subsection (i) as sub- amounts are paid by an employer by reason formed within the time prescribed therefor section (h), and of the death of an employee incurred as a re- (determined without regard to extension (C) by adding at the end the following new sult of a terroristic or military action (as de- under any other provision of this subtitle for subsection: fined in section 692(c)(2)). periods after the date (determined by the ‘‘(i) CROSS REFERENCE.— ‘‘(2) NO RELIEF FOR CERTAIN INDIVIDUALS.— Secretary) of such disaster or action), ‘‘For authority of the Secretary to abate Paragraph (1) shall not apply with respect to ‘‘(2) the amount of any interest, penalty, certain amounts by reason of Presidentially any individual identified by the Attorney additional amount, or addition to the tax for declared disaster or terroristic or military General to have been a participant or con- periods after such date, and action, see section 7508A.’’. spirator in a terroristic action (as so de- ‘‘(3) the amount of any credit or refund. (2) Section 6081(c) is amended to read as fined), or a representative of such individual. ‘‘(b) SPECIAL RULES REGARDING PENSIONS, follows: ‘‘(3) TREATMENT OF SELF-EMPLOYED INDIVID- ETC.—In the case of a pension or other em- ‘‘(c) CROSS REFERENCES.— UALS.—For purposes of this subsection, the term ‘employee’ includes a self-employed ployee benefit plan, or any sponsor, adminis- ‘‘For time for performing certain acts post- person (as described in section 401(c)(1)).’’. trator, participant, beneficiary, or other per- poned by reason of war, see section 7508, and (b) DISABILITY INCOME.—Section 104(a)(5) son with respect to such plan, affected by a by reason of Presidentially declared disaster (relating to compensation for injuries or disaster or action described in subsection (a), or terroristic or military action, see section sickness) is amended by striking ‘‘a violent the Secretary may specify a period of up to 7508A.’’. one year which may be disregarded in deter- attack’’ and all that follows through the pe- mining the date by which any action is re- (3) Section 6161(d) is amended by adding at riod and inserting ‘‘a terroristic or military quired or permitted to be completed under the end the following new paragraph: action (as defined in section 692(c)(2)).’’. this title. No plan shall be treated as failing ‘‘(3) POSTPONEMENT OF CERTAIN ACTS.— (c) EXEMPTION FROM INCOME TAX FOR CER- to be operated in accordance with the terms ‘‘For time for performing certain acts post- TAIN MILITARY OR CIVILIAN EMPLOYEES.—Sec- of the plan solely as the result of dis- poned by reason of war, see section 7508, and tion 692(c) is amended— regarding any period by reason of the pre- by reason of Presidentially declared disaster (1) by striking ‘‘outside the United States’’ ceding sentence. or terroristic or military action, see section in paragraph (1), and ‘‘(c) SPECIAL RULES FOR OVERPAYMENTS.— 7508A.’’. (2) by striking ‘‘SUSTAINED OVERSEAS’’ in The rules of section 7508(b) shall apply for (d) CLERICAL AMENDMENTS.— the heading. purposes of this section.’’. (1) The item relating to section 7508A in (d) EFFECTIVE DATE.—The amendments (b) CLARIFICATION OF SCOPE OF ACTS SEC- the table of sections for chapter 77 is amend- made by this section shall apply to taxable RETARY MAY POSTPONE.—Section ed to read as follows: years ending on or after September 11, 2001. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11841 SEC. 325. CLARIFICATION OF DUE DATE FOR AIR- SEC. 405. TAXABLE INCOME LIMIT ON PERCENT- SEC. 412. PARITY IN THE APPLICATION OF CER- LINE EXCISE TAX DEPOSITS. AGE DEPLETION FOR OIL AND NAT- TAIN LIMITS TO MENTAL HEALTH URAL GAS PRODUCED FROM MAR- BENEFITS. (a) IN GENERAL.—Paragraph (3) of section GINAL PROPERTIES. 301(a) of the Air Transportation Safety and (a) IN GENERAL.—Subsection (f) of section (a) IN GENERAL.—Subparagraph (H) of sec- System Stabilization Act (Public Law 107–42) 9812 is amended by striking ‘‘2001’’ and in- is amended to read as follows: tion 613A(c)(6) is amended by striking ‘‘2002’’ serting ‘‘2002’’. and inserting ‘‘2003’’. (b) EFFECTIVE DATE.—The amendment ‘‘(3) AIRLINE-RELATED DEPOSIT.—For pur- (b) EFFECTIVE DATE.—The amendment poses of this subsection, the term ‘airline-re- made by subsection (a) shall apply to plan made by subsection (a) shall apply to taxable lated deposit’ means any deposit of taxes im- years beginning after December 31, 2001. years beginning after December 31, 2001. posed by subchapter C of chapter 33 of such SEC. 413. COMBINED EMPLOYMENT TAX REPORT- Code (relating to transportation by air).’’. SEC. 406. QUALIFIED ZONE ACADEMY BONDS. ING. (a) IN GENERAL.—Paragraph (1) of section (a) DEMONSTRATION PROJECT.—Section 976 (b) EFFECTIVE DATE.—The amendment of the Taxpayer Relief Act of 1997 is amended made by this section shall take effect as if 1397E(e) is amended by striking ‘‘2000, and by striking ‘‘with the date which is 5 years included in section 301 of the Air Transpor- 2001’’ and inserting ‘‘2000, 2001, and 2002’’. after the date of the enactment of this Act’’ tation Safety and System Stabilization Act (b) EFFECTIVE DATE.—The amendment and inserting ‘‘on December 31, 2002’’. (Public Law 107–42). made by subsection (a) shall take effect on the date of the enactment of this Act. (b) EFFECTIVE DATE.—The amendment SEC. 326. COORDINATION WITH AIR TRANSPOR- SEC. 407. SUBPART F EXEMPTION FOR ACTIVE FI- made by this section shall take effect on the TATION SAFETY AND SYSTEM STA- NANCING. date of the enactment of this Act. BILIZATION ACT. (a) IN GENERAL.— TITLE V—EXTENSION OF ADDITIONAL No reduction in Federal tax liability by (1) Section 953(e)(10) is amended— PROVISIONS EXPIRING IN 2001. reason of any provision of, or amendment (A) by striking ‘‘2002’’ and inserting ‘‘2003’’, made by, this title shall be considered as SEC. 501. GENERALIZED SYSTEM OF PREF- and ERENCES. being received from a collateral source for (B) by striking ‘‘2001’’ and inserting ‘‘2002’’. (a) EXTENSION OF DUTY-FREE TREATMENT purposes of section 402(4) of the Air Trans- (2) Section 954(h)(9) is amended by striking UNDER SYSTEM.—Section 505 of the Trade portation Safety and System Stabilization ‘‘2002’’ and inserting ‘‘2003’’. Act of 1974 (19 U.S.C. 2465) is amended by Act (Public Law 107–42). (b) EFFECTIVE DATE.—The amendments striking ‘‘September 30, 2001’’ and inserting TITLE IV—EXTENSIONS OF CERTAIN made by this section shall apply to taxable ‘‘December 31, 2002’’. EXPIRING PROVISIONS years beginning after December 31, 2001. (b) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS AND RELIQUIDATIONS.— SEC. 401. ALLOWANCE OF NONREFUNDABLE PER- SEC. 408. COVER OVER OF TAX ON DISTILLED SONAL CREDITS AGAINST REGULAR SPIRITS. (1) IN GENERAL.— AND MINIMUM TAX LIABILITY. (a) IN GENERAL.—Paragraph (1) of section (A) ENTRY OF CERTAIN ARTICLES.—Notwith- 7652(f) is amended by striking ‘‘2002’’ and in- standing section 514 of the Tariff Act of 1930 (a) IN GENERAL.—Paragraph (2) of section or any other provision of law, and subject to 26(a) is amended— serting ‘‘2003’’. (b) EFFECTIVE DATE.—The amendment paragraph (2), the entry— (1) by striking ‘‘RULE FOR 2000 AND 2001.—’’ made by subsection (a) shall take effect on (i) of any article to which duty-free treat- and inserting ‘‘RULE FOR 2000, 2001, AND 2002.— ment under title V of the Trade Act of 1974 ’’, and the date of the enactment of this Act. would have applied if the entry had been (2) by striking ‘‘during 2000 or 2001,’’ and SEC. 409. DELAY IN EFFECTIVE DATE OF RE- made on September 30, 2001; inserting ‘‘during 2000, 2001, or 2002,’’. QUIREMENT FOR APPROVED DIESEL OR KEROSENE TERMINALS. (ii) that was made after September 30, 2001, (b) CONFORMING AMENDMENTS.— Paragraph (2) of section 1032(f) of the Tax- and before the date of enactment of this Act; (1) Section 904(h) is amended by striking payer Relief Act of 1997 (Public Law 105–34) is and ‘‘during 2000 or 2001’’ and inserting ‘‘during amended by striking ‘‘2002’’ and inserting (iii) to which duty-free treatment under 2000, 2001, or 2002’’. ‘‘2003’’. title V of that Act did not apply, (2) The amendments made by sections shall be liquidated or reliquidated as free of 201(b), 202(f), and 618(b) of the Economic SEC. 410. DEDUCTION FOR CLEAN-FUEL VEHI- CLES AND CERTAIN REFUELING duty, and the Secretary of the Treasury Growth and Tax Relief Reconciliation Act of PROPERTY. shall refund any duty paid with respect to 2001 shall not apply to taxable years begin- (a) IN GENERAL.—Section 179A is such entry. ning during 2002. amended— (B) ENTRY.—In this subsection, the term (c) TECHNICAL CORRECTION.—Section (1) in subsection (b)(1)(B)— ‘‘entry’’ includes a withdrawal from ware- 24(d)(1)(B) is amended by striking ‘‘amount (A) by striking ‘‘December 31, 2001,’’ and house for consumption. of credit allowed by this section’’ and insert- inserting ‘‘December 31, 2002,’’, and (2) REQUESTS.—Liquidation or reliquida- ing ‘‘aggregate amount of credits allowed by (B) in clauses (i), (ii), and (iii), by striking tion may be made under paragraph (1) with this subpart’’. ‘‘2002’’, ‘‘2003’’, and ‘‘2004’’, respectively, and respect to an entry only if a request therefor (d) EFFECTIVE DATES.— inserting ‘‘2003’’, ‘‘2004’’, and ‘‘2005’’, respec- is filed with the Customs Service, within 180 (1) The amendments made by subsections tively, and days after the date of enactment of this Act, (a) and (b) shall apply to taxable years begin- (2) in subsection (f), by striking ‘‘2004’’ and that contains sufficient information to en- ning after December 31, 2001. inserting ‘‘2005’’. able the Customs Service— (2) The amendment made by subsection (c) (b) EFFECTIVE DATE.—The amendments (A) to locate the entry; or shall apply to taxable years beginning after made by subsection (a) shall take effect on (B) to reconstruct the entry if it cannot be December 31, 2000. the date of the enactment of this Act. located. SEC. 402. WORK OPPORTUNITY CREDIT. SEC. 411. CREDIT FOR QUALIFIED ELECTRIC VE- (c) EFFECTIVE DATE.—The amendment HICLES. made by subsection (a) shall take effect on (a) IN GENERAL.—Subparagraph (B) of sec- October 1, 2001. tion 51(c)(4) is amended by striking ‘‘2001’’ (a) IN GENERAL.—Section 30 is amended— SEC. 502. ANDEAN TRADE PREFERENCE ACT. and inserting ‘‘2002’’. (1) in subsection (b)(2)— (A) by striking ‘‘December 31, 2001,’’ and (a) IN GENERAL.—Section 208(b) of the An- (b) EFFECTIVE DATE.—The amendment inserting ‘‘December 31, 2002,’’, and dean Trade Preference Act (19 U.S.C. made by subsection (a) shall apply to indi- (B) in subparagraphs (A), (B), and (C), by 3206(b))is amended by striking ‘‘10 years after viduals who begin work for the employer striking ‘‘2002’’, ‘‘2003’’, and ‘‘2004’’, respec- December 4, 1991’’ and inserting ‘‘after June after December 31, 2001. tively, and inserting ‘‘2003’’, ‘‘2004’’, and 4, 2002’’. SEC. 403. WELFARE-TO-WORK CREDIT. ‘‘2005’’, respectively, and (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Subsection (f) of section (2) in subsection (e), by striking ‘‘2004’’ and made by subsection (a) shall take effect on 51A is amended by striking ‘‘2001’’ and insert- inserting ‘‘2005’’. December 5, 2001. ing ‘‘2002’’. (b) CONFORMING AMENDMENTS.— SEC. 503. REAUTHORIZATION OF TRADE ADJUST- MENT ASSISTANCE. (b) EFFECTIVE DATE.—The amendment (1) Subparagraph (C) of section 280F(a)(1) is made by subsection (a) shall apply to indi- amended by adding at the end the following (a) ASSISTANCE FOR WORKERS.—Section 245 viduals who begin work for the employer new clause of the Trade Act of 1974 (19 U.S.C. 2317) is after December 31, 2001. ‘‘(iii) APPLICATION OF SUBPARAGRAPH.—This amended by striking ‘‘October 1, 1998, and subparagraph shall apply to property placed ending September 30, 2001,’’ each place it ap- SEC. 404. CREDIT FOR ELECTRICITY PRODUCED in service after August 5, 1997, and before pears and inserting ‘‘October 1, 2001, and end- FROM RENEWABLE RESOURCES. January 1, 2005.’’. ing December 31, 2002,’’. (a) IN GENERAL.—Subparagraphs (A), (B), (2) Subsection (b) of section 971 of the Tax- (b) ASSISTANCE FOR FIRMS.—Section 256(b) and (C) of section 45(c)(3) are each amended payer Relief Act of 1997 is amended by strik- of the Trade Act of 1974 (19 U.S.C. 2346(b)) is by striking ‘‘2002’’ and inserting ‘‘2003’’. ing ‘‘and before January 1, 2005’’. amended by striking ‘‘October 1, 1998, and (b) EFFECTIVE DATE.—The amendments (c) EFFECTIVE DATE.—The amendments ending September 30, 2001’’ and inserting made by subsection (a) shall take effect on made by this section shall take effect on the ‘‘October 1, 2001, and ending December 31, the date of the enactment of this Act. date of the enactment of this Act. 2002,’’. S11842 CONGRESSIONAL RECORD — SENATE November 14, 2001

(c) TERMINATION.—Section 285(c) of the (c) PAYMENT ARRANGEMENTS; CREDITING OF forms or by inclusion of a separate document Trade Act of 1974 (19 U.S.C. 2771 note) is ASSISTANCE.— with the notice otherwise required. amended in paragraphs (1) and (2)(A), by (1) PROVISION OF ASSISTANCE.— (2) SPECIFIC REQUIREMENTS.—Each addi- striking ‘‘September 30, 2001’’ and inserting (A) IN GENERAL.—Premium assistance shall tional notification under paragraph (1) shall ‘‘December 31, 2002’’. be provided under the program established include— (d) TRAINING LIMITATION UNDER NAFTA under this section through direct payment (A) the forms necessary for establishing PROGRAM.—Section 250(d)(2) of the Trade Act arrangements with a group health plan (in- eligibility and enrollment in the premium of 1974 (19 U.S.C. 2331(d)(2)) is amended by cluding a multiemployer plan), an issuer of assistance program established under this striking ‘‘October 1, 1998, and ending Sep- health insurance coverage, an administrator, section in connection with the coverage with tember 30, 2001’’ and inserting ‘‘October 1, or an employer as appropriate with respect respect to each covered employee or other 2001, and ending December 31, 2002’’. to the individual provided such assistance. qualified beneficiary; (e) EFFECTIVE DATE.—The amendments (B) ADDITIONAL OPTION FOR STATE-RUN PRO- (B) the name, address, and telephone num- made by this section shall take effect on the GRAM.—In the case of a State that elects to ber necessary to contact the administrator date of enactment of this Act. administer the program established under and any other person maintaining relevant TITLE VI—HEALTH INSURANCE this section, such assistance may be provided information in connection with the premium Subtitle A—Health Insurance Coverage Op- through the State public employment office assistance; and tions for Recently Unemployed Individuals or other agency responsible for admin- (C) the following statement displayed in a and Their Families istering the State unemployment compensa- prominent manner: SEC. 601. PREMIUM ASSISTANCE FOR COBRA tion program. ‘‘You may be eligible to receive assistance CONTINUATION COVERAGE FOR IN- (2) PREMIUMS PAYABLE BY INDIVIDUAL RE- with payment of 75 percent of your COBRA DIVIDUALS AND THEIR FAMILIES. DUCED BY AMOUNT OF ASSISTANCE.—Premium continuation coverage premiums and with (a) ESTABLISHMENT.— assistance provided under this section shall temporary medicaid coverage for the re- (1) IN GENERAL.—Not later than 30 days be credited by the group health plan, issuer maining premium portion for a duration of after the date of enactment of this Act, the of health insurance coverage, or an adminis- not to exceed 12 months.’’. Secretary of the Treasury, in consultation trator against the premium otherwise owed (3) NOTICE RELATING TO RETROACTIVE COV- with the Secretary of Labor, shall establish by the individual involved for COBRA con- ERAGE.—In the case of such notices pre- a program under which 75 percent of the pre- tinuation coverage. viously transmitted before the date of enact- mium for COBRA continuation coverage (d) PROGRAM REQUIREMENTS.—Premium as- ment of this Act in the case of an individual shall be provided for an individual who— sistance shall be provided under the program described in paragraph (1) who has elected (A) at any time during the period that be- established under this section consistent (or is still eligible to elect) COBRA continu- gins on September 11, 2001, and ends on De- with the following: ation coverage as of the date of enactment of cember 31, 2002, is separated from employ- (1) ALL QUALIFYING INDIVIDUALS MAY this Act, the administrator of the group ment; and APPLY.—All individuals described in para- health plan (or other entity) involved or the (B) is eligible for, and has elected coverage graph (1) or (2) of subsection (a) may apply Secretary of the Treasury, in consultation under, COBRA continuation coverage. for such assistance at any time during the with the Secretary of Labor, (in the case de- (2) INCLUSION OF CERTAIN INDIVIDUALS.—For period described in subsection (a)(1)(A). scribed in the paragraph (1)(B)) shall provide purposes of paragraph (1), the spouse, child, (2) SELECTION ON FIRST-COME, FIRST-SERVED (within 60 days after the date of enactment or other individual who was an insured under of this Act) for the additional notification health insurance coverage of an individual BASIS.—Such assistance shall be provided to such individuals who apply for the assistance required to be provided under paragraph (1). who was killed as a result of the terrorist-re- (4) MODEL NOTICES.—Not later than 30 days lated aircraft crashes on September 11, 2001, in the order in which they apply. (e) LIMITATION ON ENTITLEMENT.—Nothing after the date of enactment of this Act, the or as a result of any other terrorist-related Secretary of the Treasury shall prescribe event occurring during the period described in this section shall be construed as estab- lishing any entitlement of individuals de- models for the additional notification re- in that paragraph, and who is eligible for, quired under this subsection. and has elected coverage under, COBRA con- scribed in paragraph (1) or (2) of subsection (a) to premium assistance under this section. (h) REPORTS.—Beginning on January 1, tinuation coverage shall be eligible for pre- 2002, and every 3 months thereafter until (f) DISREGARD OF SUBSIDIES FOR PURPOSES mium assistance under the program estab- January 1, 2003, the Secretary of the Treas- OF FEDERAL AND STATE PROGRAMS.—Not- lished under this section. ury shall submit a report to Congress regard- withstanding any other provision of law, any (3) STATE OPTION TO ELECT ADMINISTRATION ing the premium assistance program estab- premium assistance provided to, or on behalf OF PROGRAM.— lished under this section that includes the of, an individual under this section, shall not (A) IN GENERAL.—A State may elect to ad- following: be considered income or resources in deter- minister the premium assistance program (1) The status of the implementation of the mining eligibility for, or the amount of as- established under this section if the State program. sistance or benefits provided under, any submits to the Secretary of the Treasury, (2) The number of individuals provided as- other Federal public benefit or State or local not later than January 1, 2002, a plan that sistance under the program as of the date of public benefit. describes how the State will administer such the report. program on behalf of the individuals de- (g) CHANGE IN COBRA NOTICE.— (3) The average dollar amount (monthly scribed in paragraph (1) or (2) who reside in (1) GENERAL NOTICE.— and annually) of the premium assistance pro- the State beginning on that date. (A) IN GENERAL.—In the case of notices pro- vided under the program. (B) STATE ENTITLEMENT.—In the case of a vided under section 4980B(f)(6) of the Internal (4) The number and identification of the State that submits a plan under subpara- Revenue Code of 1986, section 2206 of the Pub- States that have elected to administer the graph (A), the Secretary of the Treasury lic Health Service Act (42 U.S.C. 300bb–6), program. shall pay to each such State an amount for section 606 of the Employee Retirement In- (5) The total amount of expenditures in- each quarter equal to the total amount of come Security Act of 1974 (29 U.S.C. 1166), or curred (with administrative expenditures premium subsidies provided in that quarter section 8905a(f)(2)(A) of title 5, United States noted separately) under the program as of on behalf of such individuals. Code, with respect to individuals who, during the date of the report. (4) IMMEDIATE IMPLEMENTATION.—The pro- the period described in subsection (a)(1)(A), (i) APPROPRIATION.— gram established under this section shall be become entitled to elect COBRA continu- (1) IN GENERAL.—Out of any funds in the implemented without regard to whether or ation coverage, such notices shall include an Treasury not otherwise appropriated, there not final regulations to carry out such pro- additional notification to the recipient of is appropriated to carry out this section, gram have been promulgated by the date de- the availability of premium assistance for such sums as are necessary for each of fiscal scribed in paragraph (1). such coverage under this section and for years 2002 and 2003. (b) LIMITATION OF PERIOD OF PREMIUM AS- temporary medicaid assistance under section (2) OBLIGATION OF FUNDS.—This section SISTANCE.— 603 for the remaining portion of COBRA con- constitutes budget authority in advance of (1) IN GENERAL.—Premium assistance pro- tinuation premiums. appropriations Acts and represents the obli- vided in accordance with this section shall (B) ALTERNATIVE NOTICE.—In the case of gation of the Federal Government to provide end with respect to an individual on the ear- COBRA continuation coverage to which the for the payment of premium assistance lier of— notice provision under such sections does not under this section. (A) the date the individual is no longer apply, the Secretary of the Treasury, in con- (j) SUNSET.—No premium assistance (in- covered under COBRA continuation cov- sultation with the Secretary of Labor, shall, cluding payment for such assistance) may be erage; or in coordination with administrators of the provided under this section after December (B) 12 months after the date the individual group health plans (or other entities) that 31, 2002. is first enrolled in the premium assistance provide or administer the COBRA continu- SEC. 602. STATE OPTION TO PROVIDE TEM- program established under this section. ation coverage involved, assure the provision PORARY MEDICAID COVERAGE FOR (2) NO ASSISTANCE AFTER DECEMBER 31, of such notice. CERTAIN UNINSURED INDIVIDUALS. 2002.—No premium assistance (including pay- (C) FORM.—The requirement of the addi- (a) STATE OPTION.—Notwithstanding any ment for such assistance) may be provided tional notification under this paragraph may other provision of law, a State may elect to under this section after December 31, 2002. be met by amendment of existing notice provide under its medicaid program under November 14, 2001 CONGRESSIONAL RECORD — SENATE S11843 title XIX of the Social Security Act medical SEC. 603. STATE OPTION TO PROVIDE TEM- and (e), for each State for each calendar assistance in the case of an individual— PORARY COVERAGE UNDER MED- quarter in fiscal year 2002, the FMAP (taking (1) who at any time during the period that ICAID FOR THE UNSUBSIDIZED POR- into account the application of subsection TION OF COBRA CONTINUATION (a)) shall be increased by 1.50 percentage begins on September 11, 2001, and ends on De- PREMIUMS. points. cember 31, 2002, is separated from employ- (a) STATE OPTION.— (c) FURTHER INCREASE FOR STATES WITH ment; (1) IN GENERAL.—Notwithstanding any HIGH UNEMPLOYMENT RATES.— (2) who is not eligible for COBRA continu- other provision of law, a State may elect to (1) IN GENERAL.—Notwithstanding any ation coverage; provide under its medicaid program under other provision of law, but subject to sub- (3) who is uninsured; and title XIX of the Social Security Act medical sections (d) and (e), the FMAP for a high un- (4) whose assets, resources, and earned or assistance in the form of payment for the employment State for a calendar quarter in unearned income (or both) do not exceed portion of the premium for COBRA continu- fiscal year 2002 (and any subsequent calendar such limitations (if any) as the State may ation coverage for which an individual does quarter in such fiscal year regardless of establish. not receive a subsidy under the premium as- whether the State continues to be a high un- sistance program established under section (b) LIMITATION OF PERIOD OF COVERAGE.— employment State for a calendar quarter in 601 in the case of an individual— Medical assistance provided in accordance such fiscal year) shall be increased (after the (A) who at any time during the period that with this section shall end with respect to an application of subsections (a) and (b)) by 1.50 begins on September 11, 2001, and ends on De- percentage points. individual on the earlier of— cember 31, 2002, is separated from employ- (2) HIGH UNEMPLOYMENT STATE.—For pur- (1) the date the individual is no longer un- ment; poses of this subsection, a State is a high un- insured; or (B) who is eligible for, and has elected cov- employment State for a calendar quarter if, (2) subject to subsection (c)(4), 12 months erage under, COBRA continuation coverage; for any 3 consecutive months beginning on after the date the individual first receives (C) who is receiving premium assistance or after June 2001 and ending with the second such assistance. under the program established under section month before the beginning of the calendar 601; and (c) SPECIAL RULES.—In the case of medical quarter, the State has an unemployment (D) whose family income does not exceed assistance provided under this section— rate that exceeds the national average unem- 200 percent of the poverty line. (1) the Federal medical assistance percent- ployment rate. Such unemployment rates for (2) INCLUSION OF CERTAIN INDIVIDUALS.—For age under section 1905(b) of the Social Secu- such months shall be determined based on purposes of paragraph (1), the spouse, child, rity Act (42 U.S.C. 1396d(b)) shall be the en- publications of the Bureau of Labor Statis- or other individual who was an insured under hanced FMAP (as defined in section 2105(b) of tics of the Department of Labor. health insurance coverage of an individual such Act (42 U.S.C. 1397ee(b))); (d) 1-YEAR INCREASE IN CAP ON MEDICAID who was killed as a result of the terrorist-re- (2) a State may elect to apply any income, PAYMENTS TO TERRITORIES.—Notwith- lated aircraft crashes on September 11, 2001, asset, or resource limitation permitted under standing any other provision of law, with re- or as a result of any other terrorist-related the State medicaid plan or under title XIX of spect to fiscal year 2002, the amounts other- event occurring during the period described such Act; wise determined for Puerto Rico, the Virgin in that paragraph, and who satisfies the re- (3) the provisions of section 1916(g) of the Islands, Guam, the Northern Mariana Is- quirements of subparagraphs (B), (C), and (D) Social Security Act (42 U.S.C. 1396o) shall lands, and American Samoa under section of paragraph (1) shall be eligible for medical apply to the provision of such assistance in 1108 of the Social Security Act (42 U.S.C. assistance under this section. 1308) shall each be increased by an amount the same manner as the provisions of such (b) LIMITATION OF PERIOD OF COVERAGE.— section apply with respect to individuals pro- Medical assistance provided in accordance equal to 3.093 percentage points of such vided medical assistance only under sub- with this section shall end with respect to an amounts. clause (XV) or (XVI) of section individual on the earlier of— (e) SCOPE OF APPLICATION.—The increases 1902(a)(10)(A)(ii) of such Act (42 U.S.C. (1) the date the individual is no longer cov- in the FMAP for a State under this section 1396a(a)(10)(A)(ii)); ered under COBRA continuation coverage; or shall apply only for purposes of title XIX of (4) a State may elect to provide such as- (2) 12 months after the date the individual the Social Security Act and shall not apply sistance in accordance with section first receives such assistance under this sec- with respect to— 1902(a)(34) of the Social Security Act (42 tion. (1) disproportionate share hospital pay- U.S.C. 1396a(a)(34)) and any assistance pro- (c) SPECIAL RULES.—In the case of medical ments described in section 1923 of such Act vided with respect to a month described in assistance provided under this section— (42 U.S.C. 1396r–4); and that section shall not be included in the de- (1) such assistance may be provided with- (2) payments under titles IV and XXI of termination of the 12-month period under out regard to— such Act (42 U.S.C. 601 et seq. and 1397aa et subsection (b)(2); (A) whether the State otherwise has elect- seq.). (5) a State may elect to make eligible for ed to make medical assistance available for (f) STATE ELIGIBILITY.—A State is eligible such medical assistance a dependent spouse COBRA premiums under section for an increase in its FMAP under subsection or children of an individual eligible for med- 1902(a)(10)(F) of the Social Security Act (42 (b) or (c) only if the eligibility under its ical assistance under subsection (a), if such U.S.C. 1396a(a)(10)(F)); or State plan under title XIX of the Social Se- spouse or children are uninsured; (B) the conditions otherwise imposed for curity Act (including any waiver under such (6) individuals eligible for medical assist- the provision of medical assistance for such title or under section 1115 of such Act (42 ance under this section shall be deemed to be COBRA premiums under clause (XII) of the U.S.C. 1315)) is no more restrictive than the described in the list of individuals described matter following section 1902(a)(10)(G) of the eligibility under such plan (or waiver) as in in the matter preceding paragraph (1) of sec- Social Security Act (42 U.S.C. effect on October 1, 2001. tion 1905(a) of such Act (42 U.S.C. 1396d(a)); 1396a(a)(10)(G)), or paragraphs (1)(B), (1)(C), SEC. 605. DEFINITIONS. (7) a State may elect to provide such med- (1)(D), and (4) of section 1902(u) of such Act In this subtitle: ical assistance without regard to any limita- (42 U.S.C. 1396a(u)); and (1) ADMINISTRATOR.—The term ‘‘adminis- tion under sections 401(a), 402(b), 403, and 421 (2) paragraphs (1), (2), (4), (5), (7), and (8) of trator’’ has the meaning given that term in of the Personal Responsibility and Work Op- subsection (c) of section 602 apply to such as- section 3(16)(A) of the Employee Retirement portunity Reconciliation Act of 1996 (8 U.S.C. sistance in the same manner as such para- Income Security Act of 1974 (29 U.S.C. 1611(a), 1612(b), 1613, and 1631) and no debt graphs apply to the provision of medical as- 1002(16)(A)). shall accrue under an affidavit of support sistance under that section. (2) COBRA CONTINUATION COVERAGE.— against any sponsor of an individual who is (d) SUNSET.—No medical assistance may be (A) IN GENERAL.—The term ‘‘COBRA con- an alien who is provided such assistance, and provided under this section after December tinuation coverage’’ means coverage under a the cost of such assistance shall not be con- 31, 2002. group health plan provided by an employer sidered as an unreimbursed cost; and SEC. 604. TEMPORARY INCREASES OF MEDICAID pursuant to title XXII of the Public Health (8) the Secretary of Health and Human FMAP FOR FISCAL YEAR 2002. Service Act, section 4980B of the Internal Services shall not count, for purposes of sec- (a) PERMITTING MAINTENANCE OF FISCAL Revenue Code of 1986, part 6 of subtitle B of tion 1108(f) of the Social Security Act (42 YEAR 2001 FMAP.—Notwithstanding any title I of the Employee Retirement Income U.S.C. 1308(f)), such amount of payments other provision of law, but subject to sub- Security Act of 1974, or section 8905a of title under this section as bears a reasonable rela- section (d), if the FMAP determined without 5, United States Code. tionship to the average national proportion regard to this section for a State for fiscal (B) APPLICATION TO EMPLOYERS IN STATES of payments made under this section for the year 2002 is less than the FMAP as so deter- REQUIRING SUCH COVERAGE.—Such term in- 50 States and the District of Columbia to the mined for fiscal year 2001, the FMAP for the cludes such coverage provided by an em- payments otherwise made under title XIX State for fiscal year 2001 shall be substituted ployer in a State that has enacted a law that for such States and District. for the State’s FMAP for fiscal year 2002, be- requires the employer to provide such cov- fore the application of this section. erage even though the employer would not (d) SUNSET.—No medical assistance may be (b) GENERAL 1.50 PERCENTAGE POINTS IN- otherwise be required to provide such cov- provided under this section after December CREASE.—Notwithstanding any other provi- erage under the provisions of law referred to 31, 2002. sion of law, but subject to subsections (d) in subparagraph (A). S11844 CONGRESSIONAL RECORD — SENATE November 14, 2001

(3) COVERED EMPLOYEE.—The term ‘‘cov- amended by redesignating the subsection under clauses (i) and (ii) of subparagraph (B). ered employee’’ has the meaning given that (aa) added by such section as subsection (bb). Insofar as it waives such a reporting require- term in section 607(2) of the Employee Re- (2) Section 1902(a)(15) of the Social Secu- ment, the State need not provide for a notice tirement Income Security Act of 1974 (29 rity Act (42 U.S.C. 1396a(a)(15)), as added by under subparagraph (A) relating to such re- U.S.C. 1167(2)). section 702(a)(2) of the Medicare, Medicaid, quirement.’’; and (4) FEDERAL PUBLIC BENEFIT.—The term and SCHIP Benefits Improvement and Pro- (E) in paragraph (3)(A)(iii), by inserting ‘‘Federal public benefit’’ has the meaning tection Act of 2000 (as so enacted into law) ‘‘the State has not waived under paragraph given that term in section 401(c) of the Per- (114 Stat. 2763A–572), is amended by striking (2)(C) the reporting requirement with respect sonal Responsibility and Work Opportunity ‘‘subsection (aa)’’ and inserting ‘‘subsection to such month under paragraph (2)(B) and if’’ Reconciliation Act of 1996 (8 U.S.C. 1611(c)). (bb)’’. after ‘‘6-month period if’’. (5) FMAP.—The term ‘‘FMAP’’ means the (3) Section 1915(b) of the Social Security (2) STATE OPTION TO EXTEND ELIGIBILITY FOR Federal medical assistance percentage, as Act (42 U.S.C. 1396n(b)), as amended by sec- LOW-INCOME INDIVIDUALS FOR UP TO 12 ADDI- defined in section 1905(b) of the Social Secu- tion 702(c)(2) of the Medicare, Medicaid, and TIONAL MONTHS.—Section 1925 of such Act (42 rity Act (42 U.S.C. 1396d(b)). SCHIP Benefits Improvement and Protection U.S.C. 1396r–6) is further amended— (6) GROUP HEALTH PLAN.—The term ‘‘group Act of 2000 (as so enacted into law) (114 Stat. (A) by redesignating subsections (c) health plan’’ has the meaning given that 2763A–574), is amended by striking ‘‘1902(aa)’’ through (f) as subsections (d) through (g); term in section 2791(a) of the Public Health and inserting ‘‘1902(bb)’’. and Service Act (42 U.S.C. 300gg–91(a)) and in sec- (4) The amendments made this subsection (B) by inserting after subsection (b) the tion 607(1) of the Employee Retirement In- shall take effect as if included in the enact- following new subsection: come Security Act of 1974 (29 U.S.C. 1167(1)). ment of section 702 of the Medicare, Med- ‘‘(c) STATE OPTION OF UPTO12 MONTHS OF (7) HEALTH INSURANCE COVERAGE.—The icaid, and SCHIP Benefits Improvement and ADDITIONAL ELIGIBILITY.— term ‘‘health insurance coverage’’ has the Protection Act of 2000 (as enacted into law ‘‘(1) IN GENERAL.—Notwithstanding any meaning given that term in section 2791(b)(1) by section 1(a)(6) of Public Law 106–554) (114 other provision of this title, each State plan of the Public Health Service Act (42 U.S.C. Stat.2763A–572). approved under this title may provide, at the 300gg–91(b)(1)). SEC. 612. INCREASE IN FLOOR FOR TREATMENT option of the State, that the State shall offer (8) MULTIEMPLOYER PLAN.—The term ‘‘mul- AS AN EXTREMELY LOW DSH STATE to each family which received assistance tiemployer plan’’ has the meaning given that TO 3 PERCENT IN FISCAL YEAR 2002. during the entire 6-month period under sub- term in section 3(37) of the Employee Retire- Section 1923(f)(5) of the Social Security section (b) and which meets the applicable ment Income Security Act of 1974 (29 U.S.C. Act (42 U.S.C. 1396r–4(f)(5)) is amended— requirement of paragraph (2), in the last 1002(37)). (1) by striking ‘‘In the case of’’ and insert- month of the period the option of extending (9) POVERTY LINE.—The term ‘‘poverty ing the following: coverage under this subsection for the suc- line’’ has the meaning given that term in ‘‘(A) IN GENERAL.—In the case of’’; and ceeding period not to exceed 12 months. section 2110(c)(5) of the Social Security Act (2) by adding at the end the following new ‘‘(2) INCOME RESTRICTION.—The option (42 U.S.C. 1397jj(c)(5)). subparagraph: under paragraph (1) shall not be made avail- (10) QUALIFIED BENEFICIARY.—The term ‘‘(B) FISCAL YEAR 2002.—With respect to fis- able to a family for a succeeding period un- ‘‘qualified beneficiary’’ has the meaning cal year 2002, subparagraph (A) shall be less the State determines that the family’s given that term in section 607(3) of the Em- applied— average gross monthly earnings (less such ployee Retirement Income Security Act of ‘‘(i) as if ‘fiscal year 2000’ were substituted costs for such child care as is necessary for 1974 (29 U.S.C. 1167(3)). for ‘fiscal year 1999’; the employment of the caretaker relative) as (11) STATE.—The term ‘‘State’’ has the ‘‘(ii) as if ‘August 31, 2001’ were substituted of the end of the 6-month period under sub- meaning given such term for purposes of for ‘August 31, 2000’; section (b) does not exceed 185 percent of the title XIX of the Social Security Act (42 ‘‘(iii) as if ‘3 percent’ were substituted for official poverty line (as defined by the Office U.S.C. 1396 et seq.). ‘1 percent’ each place it appears; of Management and Budget, and revised an- (12) STATE OR LOCAL PUBLIC BENEFIT.—The ‘‘(iv) as if ‘fiscal year 2002’ were sub- nually in accordance with section 673(2) of term ‘‘State or local public benefit’’ has the stituted for ‘fiscal year 2001’; and the Omnibus Budget Reconciliation Act of meaning given that term in section 411(c) of ‘‘(v) without regard to the second sentence 1981) applicable to a family of the size in- the Personal Responsibility and Work Oppor- of that subparagraph.’’. volved. tunity Reconciliation Act of 1996 (8 U.S.C. SEC. 613. MORATORIUM ON CHANGES TO CER- ‘‘(3) APPLICATION OF EXTENSION RULES.— 1621(c)). TAIN UPPER PAYMENT LIMITS The provisions of paragraphs (2), (3), (4), and UNDER MEDICAID. (13) UNINSURED.— (5) of subsection (b) shall apply to the exten- (a) IN GENERAL.—Except as provided in (A) IN GENERAL.—The term ‘‘uninsured’’ sion provided under this subsection in the subsection (b), during the period that begins means, with respect to an individual, that same manner as they apply to the extension on October 1, 2001, and ends on March 31, the individual is not covered under— provided under subsection (b)(1), except that 2002, the Secretary of Health and Human (i) a group health plan; for purposes of this subsection— Services (in this section referred to as the (ii) health insurance coverage; or ‘‘(A) any reference to a 6-month period ‘‘Secretary’’) may not implement any modi- (iii) a program under title XVIII, XIX, or under subsection (b)(1) is deemed a reference fication to the upper payment limit require- XXI of the Social Security Act (other than to the extension period provided under para- ments under title XIX of the Social Security under such title XIX pursuant to section graph (1) and any deadlines for any notices Act (42 U.S.C. 1396 et seq.) for services fur- 602). or reporting and the premium payment peri- nished by non-State government-owned or (B) EXCLUSION.—Such coverage under ods shall be modified to correspond to the operated hospitals. clause (i) or (ii) shall not include coverage appropriate calendar quarters of coverage (b) EXCEPTION.—The Secretary may imple- consisting solely of coverage of excepted ment any changes to such limits that were provided under this subsection; and benefits (as defined in section 2791(c) of the published in the Federal Register as a final ‘‘(B) any reference to a provision of sub- Public Health Service Act (42 U.S.C. 300gg– rule before October 1, 2001. section (a) or (b) is deemed a reference to the 91(c)). corresponding provision of subsection (b) or SEC. 614. REVISION AND SIMPLIFICATION OF THE Subtitle B—Other Provisions TRANSITIONAL MEDICAL ASSIST- of this subsection, respectively.’’. (b) STATE OPTION TO WAIVE RECEIPT OF SEC. 611. INCLUSION OF INDIAN WOMEN WITH ANCE PROGRAM (TMA). BREAST OR CERVICAL CANCER IN (a) OPTION OF CONTINUOUS ELIGIBILITY FOR MEDICAID FOR 3 OF PREVIOUS 6 MONTHS TO OPTIONAL MEDICAID ELIGIBILITY 12 MONTHS; OPTION OF CONTINUING COVERAGE QUALIFY FOR TMA.—Section 1925(a)(1) of CATEGORY. FOR UP TO AN ADDITIONAL YEAR.— such Act (42 U.S.C. 1396r–6(a)(1)) is amended (a) IN GENERAL.—Notwithstanding any (1) OPTION OF CONTINUOUS ELIGIBILITY FOR 12 by adding at the end the following: ‘‘A State other provision of law, during fiscal year MONTHS BY MAKING REPORTING REQUIREMENTS may, at its option, also apply the previous 2002, the subsection (aa) of section 1902 of the OPTIONAL.—Section 1925(b) of the Social Se- sentence in the case of a family that was re- Social Security Act (42 U.S.C. 1396a) added curity Act (42 U.S.C. 1396r–6(b)) is amended— ceiving such aid for fewer than 3 months, or by section 2(a)(2) of the Breast and Cervical (A) in paragraph (1), by inserting ‘‘, at the that had applied for and was eligible for such Cancer Prevention and Treatment Act of 2000 option of a State,’’ after ‘‘and which’’; aid for fewer than 3 months, during the 6 im- (Public Law 106–354; 114 Stat. 1381) shall be (B) in paragraph (2)(A), by inserting ‘‘Sub- mediately preceding months described in applied as if ‘‘, but applied without regard to ject to subparagraph (C)—’’ after ‘‘(A) NO- such sentence.’’. paragraph (1)(F) of such section’’ were in- TICES.—’’; (c) CMS REPORT ON ENROLLMENT AND PAR- serted before the period in paragraph (4). (C) in paragraph (2)(B), by inserting ‘‘Sub- TICIPATION RATES UNDER TMA.—Section 1925 (b) TECHNICAL AMENDMENTS.— ject to subparagraph (C)—’’ after ‘‘(B) RE- of such Act (42 U.S.C. 1396r–6), as amended by (1) Section 1902 of the Social Security Act PORTING REQUIREMENTS.—’’; subsection (a)(2)(A), is amended— (42 U.S.C. 1396a), as amended by section (D) by adding at the end the following new (1) by further redesignating subsection (g) 702(b) of the Medicare, Medicaid, and SCHIP subparagraph: as subsection (i); and Benefits Improvement and Protection Act of ‘‘(C) STATE OPTION TO WAIVE NOTICE AND RE- (2) by inserting after subsection (f) the fol- 2000 (as enacted into law by section 1(a)(6) of PORTING REQUIREMENTS.—A State may waive lowing new subsection: Public Law 106–554) (114 Stat. 2763A–572), is some or all of the reporting requirements ‘‘(g) ADDITIONAL PROVISIONS.— November 14, 2001 CONGRESSIONAL RECORD — SENATE S11845

‘‘(1) COLLECTION AND REPORTING OF PARTICI- qualify for such medical assistance and ex- (iii) are not receiving compensation with PATION INFORMATION.— plaining that individuals and families do not respect to such week under the unemploy- ‘‘(A) IN GENERAL.—Each State shall— have to be receiving aid or assistance under ment compensation law of Canada. ‘‘(i) collect and submit to the Secretary, in part A or E of title IV in order to qualify for (2) MODIFICATIONS DESCRIBED.—The modi- a format specified by the Secretary, informa- such medical assistance.’’. fications described in this paragraph are as tion on average monthly enrollment and av- (g) EXTENDING USE OF OUTSTATIONED WORK- follows: erage monthly participation rates for adults ERS TO ACCEPT APPLICATIONS FOR TRANSI- (A) ALTERNATIVE BASE PERIOD.—An indi- and children under this section; and TIONAL MEDICAL ASSISTANCE.—Section vidual shall be eligible for regular compensa- ‘‘(ii) make such information publicly avail- 1902(a)(55) of the Social Security Act (42 tion if the individual would be so eligible, de- able. U.S.C. 1396a(a)(55)) is amended by inserting termined by applying— ‘‘(B) TIMING OF SUBMISSION.—Information ‘‘and under section 1931’’ after (i) the base period that would otherwise required to be submitted under subparagraph ‘‘(a)(10)(A)(ii)(IX)’’. apply under the State law if this title had (A)(i) shall be submitted under that subpara- (h) EFFECTIVE DATES.— not been enacted; or graph at the same time and frequency in (1) IN GENERAL.—Except as provided in (ii) a base period ending at the close of the which other enrollment information under paragraphs (2) and (3) , the amendments calendar quarter most recently completed this title is submitted to the Secretary. made by this section shall apply to calendar before the date of the individual’s applica- ‘‘(C) ANNUAL REPORT TO CONGRESS.—The quarters beginning on or after October 1, tion for benefits, provided that wage data for Secretary shall submit to Congress annual 2001, without regard to whether final regula- that quarter has been reported to the State; reports concerning such rates using the in- tions to carry out such amendments have whichever results in the greater amount. formation required to be submitted under been promulgated by such date. (B) PART-TIME EMPLOYMENT.—An indi- subparagraph (A)(i).’’. (2) NOTICE REQUIREMENT.—The amendment vidual shall not be denied regular compensa- (d) COORDINATION OF WORK.—Section 1925(g) made by subsection (f) shall take effect on tion under the State law’s provisions relat- of such Act (42 U.S.C. 1396r–6), as added by the date that is 6 months after the date of ing to availability for work, active search for subsection (c), is amended by adding at the enactment of this Act. work, or refusal to accept work, solely by end the following new paragraph: (3) EXTENSION OF EFFECTIVE DATES FOR virtue of the fact that such individual is ‘‘(2) COORDINATION WITH ADMINISTRATION STATE LAW AMENDMENT.—In the case of a seeking, or is available for, only part-time FOR CHILDREN AND FAMILIES.—The Adminis- State plan for medical assistance under title (and not full-time) work, if— trator of the Centers for Medicare & Med- XIX of the Social Security Act which the (i) the individual’s employment on which icaid Services, in carrying out this section, Secretary of Health and Human Services de- eligibility for the regular compensation is shall work with the Assistant Secretary for termines requires State legislation (other based was part-time employment; or the Administration for Children and Fami- than legislation appropriating funds) in (ii) the individual can show good cause for lies to develop guidance or other technical order for the plan to meet the additional re- seeking, or being available for, only part- assistance for States regarding best prac- quirements imposed by the amendments time (and not full-time) work. tices in guaranteeing access to transitional made by this section, the State plan shall (C) INCREASED BENEFITS.— medical assistance under this section.’’. not be regarded as failing to comply with the (i) IN GENERAL.—The amount of regular (e) ELIMINATION OF TMA REQUIREMENT FOR requirements of such title solely on the basis compensation (including dependents’ allow- STATES THAT EXTEND COVERAGE TO CHILDREN of its failure to meet these additional re- ances) payable for any week shall be equal to AND PARENTS THROUGH 185 PERCENT OF POV- quirements before the first day of the first the amount determined under the State law ERTY.— calendar quarter beginning after the close of (before the application of this subparagraph), (1) IN GENERAL.—Section 1925 of such Act the first regular session of the State legisla- plus an amount equal to the greater of— (42 U.S.C. 1396r–6), as amended by subsection ture that begins after the date of the enact- (I) 15 percent of the amount so determined; (c), is further amended by inserting after ment of this Act. For purposes of the pre- or subsection (g) the following new subsection: vious sentence, in the case of a State that (II) $25. ‘‘(h) PROVISIONS OPTIONAL FOR STATES has a 2-year legislative session, each year of (ii) ROUNDING.—For purposes of deter- THAT EXTEND COVERAGE TO CHILDREN AND such session shall be deemed to be a separate mining the amount under clause (i)(I), such PARENTS THROUGH 185 PERCENT OF POV- regular session of the State legislature. amount shall be rounded to the dollar ERTY.—A State may (but is not required to) amount specified under State law. meet the requirements of subsections (a) and TITLE VII—TEMPORARY ENHANCED (c) NONREDUCTION RULE.—Under the agree- (b) if it provides for medical assistance under UNEMPLOYMENT BENEFITS ment, subsection (b)(2)(C) shall not apply (or this title (whether under section 1931, SEC. 701. SHORT TITLE. shall cease to apply) with respect to a State through a waiver under section 1115, or oth- This title may be cited as the ‘‘Temporary upon a determination by the Secretary that erwise) to families (including both children Unemployment Compensation Act of 2001’’. the method governing the computation of and caretaker relatives) the average gross regular compensation under the State law of SEC. 702. FEDERAL-STATE AGREEMENTS. monthly earning of which (less such costs for that State has been modified in a way such such child care as is necessary for the em- (a) IN GENERAL.—Any State which desires that— ployment of a caretaker relative) is at or to do so may enter into and participate in an (1) the average weekly amount of regular below a level that is at least 185 percent of agreement under this title with the Sec- compensation which will be payable during the official poverty line (as defined by the retary of Labor (in this title referred to as the period of the agreement (determined dis- Office of Management and Budget, and re- the ‘‘Secretary’’). Any State which is a party regarding the modifications described in sub- vised annually in accordance with section to an agreement under this title may, upon section (b)(2)) will be less than 673(2) of the Omnibus Budget Reconciliation providing 30 days’ written notice to the Sec- (2) the average weekly amount of regular Act of 1981) applicable to a family of the size retary, terminate such agreement. compensation which would otherwise have involved.’’. (b) PROVISIONS OF AGREEMENT.— been payable during such period under the (2) CONFORMING AMENDMENTS.—Section 1925 (1) IN GENERAL.—Any agreement under sub- State law, as in effect on September 11, 2001. of such Act (42 U.S.C. 1396r–6) is further section (a) shall provide that the State agen- (d) COORDINATION RULES.— amended, in subsections (a)(1) and (b)(1), by cy of the State will make— (1) REGULAR COMPENSATION PAYABLE UNDER inserting ‘‘, but subject to subsection (h),’’ (A) payments of regular compensation to A FEDERAL LAW.—The modifications de- after ‘‘Notwithstanding any other provision individuals in amounts and to the extent scribed in subsection (b)(2) shall also apply of this title,’’ each place it appears. that such payments would be determined if in determining the amount of benefits pay- (f) REQUIREMENT OF NOTICE FOR ALL FAMI- the State law were applied with the modi- able under any Federal law to the extent LIES LOSING TANF.—Subsection (a)(2) of sec- fications described in paragraph (2); and that those benefits are determined by ref- tion 1925 of such Act (42 U.S.C. 1396r–6) is (B) payments of temporary supplemental erence to regular compensation payable amended by adding after and below subpara- unemployment compensation to individuals under the State law of the State involved. graph (B), the following: who— (2) TSUC TO SERVE AS SECOND-TIER BENE- ‘‘Each State shall provide, to families whose (i) have exhausted all rights to regular FITS.—Notwithstanding any other provision aid or assistance under part A or E of title compensation under the State law; of law, extended benefits shall not be payable IV has terminated but whose eligibility for (ii) do not, with respect to a week, have to any individual for any week for which medical assistance under this title con- any rights to compensation (excluding ex- temporary supplemental unemployment tinues, written notice of their ongoing eligi- tended compensation) under the State law of compensation is payable to such individual. bility for such medical assistance. If a State any other State (whether one that has en- (e) EXHAUSTION OF BENEFITS.—For purposes makes a determination that any member of tered into an agreement under this title or of subsection (b)(1)(B)(i), an individual shall a family whose aid or assistance under part otherwise) nor compensation under any be considered to have exhausted such indi- A or E of title IV is being terminated is also other Federal law (other than under the Fed- vidual’s rights to regular compensation no longer eligible for medical assistance eral-State Extended Unemployment Com- under a State law when— under this title, the notice of such deter- pensation Act of 1970 (26 U.S.C. 3304 note)), (1) no payments of regular compensation mination shall be supplemented by a 1-page and are not paid or entitled to be paid any can be made under such law because such in- notification form describing the different additional compensation under any Federal dividual has received all regular compensa- ways in which individuals and families may or State law; and tion available to such individual based on S11846 CONGRESSIONAL RECORD — SENATE November 14, 2001 employment or wages during such individ- fications described in subparagraphs (A) and or temporary supplemental unemployment ual’s base period; or (B) of section 702(b)(2); but only compensation under this title to which such (2) such individual’s rights to such com- (B) to the extent that those amounts individuals were not entitled, the State shall pensation have been terminated by reason of would, if such amounts were instead payable require such individuals to repay those bene- the expiration of the benefit year with re- by virtue of the State law’s being deemed to fits to the State agency, except that the spect to which such rights existed. be so modified pursuant to section State agency may waive such repayment if it (f) WEEKLY BENEFIT AMOUNT, TERMS AND 702(b)(1)(A), have been reimbursable under determines that— CONDITIONS, ETC. RELATING TO TSUC.—For paragraph (1); and (1) the payment of such benefits was with- purposes of any agreement under this title— (3) 100 percent of the temporary supple- out fault on the part of any such individual; (1) the amount of temporary supplemental mental unemployment compensation paid to and unemployment compensation which shall be individuals by the State pursuant to such (2) such repayment would be contrary to payable to an individual for any week of agreement. equity and good conscience. total unemployment shall be equal to the (b) DETERMINATION OF AMOUNT.—Sums (c) RECOVERY BY STATE AGENCY.— amount of regular compensation (including under subsection (a) payable to any State by (1) IN GENERAL.—The State agency may re- dependents’ allowances) payable to such in- reason of such State having an agreement cover the amount to be repaid, or any part dividual under the State law for a week for under this title shall be payable, either in thereof, by deductions from any regular com- total unemployment during such individual’s advance or by way of reimbursement (as may pensation or temporary supplemental unem- benefit year; be determined by the Secretary), in such ployment compensation payable to such in- (2) the terms and conditions of the State amounts as the Secretary estimates the dividual under this title or from any unem- law which apply to claims for regular com- State will be entitled to receive under this ployment compensation payable to such in- dividual under any Federal unemployment pensation and to the payment thereof shall title for each calendar month, reduced or in- compensation law administered by the State apply to claims for temporary supplemental creased, as the case may be, by any amount agency or under any other Federal law ad- unemployment compensation and the pay- by which the Secretary finds that the Sec- ministered by the State agency which pro- ment thereof, except where inconsistent with retary’s estimates for any prior calendar vides for the payment of any assistance or the provisions of this title or with the regu- month were greater or less than the amounts allowance with respect to any week of unem- lations or operating instructions of the Sec- which should have been paid to the State. ployment, during the 3-year period after the retary promulgated to carry out this title; Such estimates may be made on the basis of date such individuals received the payment and such statistical, sampling, or other method of the regular compensation or temporary (3) the maximum amount of temporary as may be agreed upon by the Secretary and supplemental unemployment compensation supplemental unemployment compensation the State agency of the State involved. to which such individuals were not entitled, payable to any individual for whom a tem- (c) ADMINISTRATIVE EXPENSES, ETC.—There except that no single deduction may exceed porary supplemental unemployment com- is hereby appropriated out of the employ- 50 percent of the weekly benefit amount pensation account is established under sec- ment security administration account of the from which such deduction is made. tion 703 shall not exceed the amount estab- Unemployment Trust Fund (as established (2) OPPORTUNITY FOR HEARING.—No repay- lished in such account for such individual. by section 901(a) of the Social Security Act ment shall be required, and no deduction SEC. 703. TEMPORARY SUPPLEMENTAL UNEM- (42 U.S.C. 1101(a))) $500,000,000 to reimburse States for the costs of the administration of shall be made, until a determination has PLOYMENT COMPENSATION AC- been made, notice thereof and an oppor- COUNT. agreements under this title (including any tunity for a fair hearing has been given to (a) IN GENERAL.—Any agreement under improvements in technology in connection the individual, and the determination has be- this title shall provide that the State will es- therewith) and to provide reemployment services to unemployment compensation come final. tablish, for each eligible individual who files (d) REVIEW.—Any determination by a State claimants in States having agreements an application for temporary supplemental agency under this section shall be subject to under this title. Each State’s share of the unemployment compensation, a temporary review in the same manner and to the same supplemental unemployment compensation amount appropriated by the preceding sen- extent as determinations under the State un- account. tence shall be determined by the Secretary employment compensation law, and only in (b) AMOUNT IN ACCOUNT.— according to the factors described in section that manner and to that extent. 302(a) of the Social Security Act (42 U.S.C. (1) IN GENERAL.—The amount established in SEC. 707. DEFINITIONS. an account under subsection (a) shall be 501(a)) and certified by the Secretary to the For purposes of this title: Secretary of the Treasury. equal to the lesser of— (1) IN GENERAL.—The terms ‘‘compensa- (A) 50 percent of the total amount of reg- SEC. 705. FINANCING PROVISIONS. tion’’, ‘‘regular compensation’’, ‘‘extended ular compensation (including dependents’ al- (a) BENEFITS.—There is hereby appro- compensation’’, ‘‘additional compensation’’, lowances) payable to the individual during priated, without fiscal year limitation, out ‘‘benefit year’’, ‘‘base period’’, ‘‘State’’, the individual’s benefit year under such law; of funds in the Treasury not otherwise ap- ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ or propriated such sums as may be necessary have the respective meanings given such (B) 13 times the individual’s weekly benefit for the making of payments (described in terms under section 205 of the Federal-State amount. section 704(a)) to States having agreements Extended Unemployment Compensation Act (2) WEEKLY BENEFIT AMOUNT.—For purposes entered into under this title. of 1970, subject to paragraph (2). of this subsection, an individual’s weekly (b) ADDITIONAL AMOUNTS.—There is hereby (2) STATE LAW AND REGULAR COMPENSA- benefit amount for any week is the amount appropriated, without fiscal year limitation, TION.—In the case of a State entering into an of regular compensation (including depend- out of funds in the Treasury not otherwise agreement under this title— ents’ allowances) under the State law pay- appropriated $6,000,000,000 to the extended (A) ‘‘State law’’ shall be considered to refer able to such individual for such week for unemployment compensation account (as es- to the State law of such State, applied in total unemployment. tablished by section 905(a) of the Social Se- conformance with the modifications de- (3) RULE OF CONSTRUCTION.—For purposes curity Act (42 U.S.C. 1105(a))). scribed in section 702(b)(2), subject to section of any computation under paragraph (1) (and SEC. 706. FRAUD AND OVERPAYMENTS. 702(c); and any determination of amount under section (a) IN GENERAL.—If an individual know- (B) ‘‘regular compensation’’ shall be con- 702(f)(1)), the modification described in sec- ingly has made, or caused to be made by an- sidered to refer to such compensation, deter- tion 702(b)(2)(C) (relating to increased bene- other, a false statement or representation of mined under its State law (applied in the fits) shall be deemed to have been in effect a material fact, or knowingly has failed, or manner described in subparagraph (A)); with respect to the entirety of the benefit caused another to fail, to disclose a material except as otherwise provided or where the year involved. fact, and as a result of such false statement context clearly indicates otherwise. SEC. 704. PAYMENTS TO STATES HAVING AGREE- or representation or of such nondisclosure SEC. 708. APPLICABILITY. MENTS UNDER THIS TITLE. such individual has received any regular (a) IN GENERAL.—An agreement entered (a) GENERAL RULE.—There shall be paid to compensation or temporary supplemental into under this title shall apply to weeks of each State which has entered into an agree- unemployment compensation under this unemployment— ment under this title an amount equal to— title to which he was not entitled, such (1) beginning after the date on which such (1) 100 percent of any regular compensation individual— agreement is entered into; and made payable to individuals by such State (1) shall be ineligible for any further bene- (2) ending before January 1, 2003. by virtue of the modifications which are de- fits under this title in accordance with the (b) SPECIFIC RULES.— scribed in section 702(b)(2) and deemed to be provisions of the applicable State unemploy- (1) IN GENERAL.—Under such an agreement, in effect with respect to such State pursuant ment compensation law relating to fraud in the following rules shall apply: to section 702(b)(1)(A); connection with a claim for unemployment (A) ALTERNATIVE BASE PERIODS.—The modi- (2) 100 percent of any regular compensation; and fication described in section 702(b)(2)(A) (re- compensation— (2) shall be subject to prosecution under lating to alternative base periods) shall not (A) which is paid to individuals by such section 1001 of title 18, United States Code. apply except in the case of initial claims State by reason of the fact that its State law (b) REPAYMENT.—In the case of individuals filed on or after the first day of the week contains provisions comparable to the modi- who have received any regular compensation that includes September 11, 2001. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11847

(B) PART-TIME EMPLOYMENT AND INCREASED ment, Food and Drug Administration, and (b) PROCEDURE.—The promulgation of the BENEFITS.—The modifications described in Related Agencies Appropriations Act, 2001 regulations and administration of this sub- subparagraphs (B) and (C) of section 702(b)(2) (Public Law 105–277; 114 Stat. 1549A–55), in- title shall be made without regard to— (relating to part-time employment and in- cluding using the same loss thresholds for (1) the notice and comment provisions of creased benefits, respectively) shall apply to the quantity and economic losses as were section 553 of title 5, United States Code; weeks of unemployment described in sub- used in administering that section. (2) the Statement of Policy of the Sec- section (a), regardless of the date on which (c) USE OF FUNDS FOR CASH PAYMENTS.— retary of Agriculture effective July 24, 1971 an individual’s initial claim for benefits is The Secretary may use funds made available (36 Fed. Reg. 13804), relating to notices of filed. under this section to make, in a manner con- proposed rulemaking and public participa- (C) ELIGIBILITY FOR TSUC.—The payments sistent with this section, cash payments not tion in rulemaking; and described in section 702(b)(1)(B) (relating to for crop disasters, but for income loss to (3) chapter 35 of title 44, United States temporary supplemental unemployment carry out the purposes of this section. Code (commonly known as the ‘‘Paperwork compensation) shall not apply except in the SEC. 802. LIVESTOCK ASSISTANCE PROGRAM. Reduction Act’’). case of individuals exhausting their rights to (a) IN GENERAL.—The Secretary shall use (c) CONGRESSIONAL REVIEW OF AGENCY regular compensation (as described in clause $500,000,000 of the funds of the Commodity RULEMAKING.—In carrying out this section, (i) of such section) on or after the first day Credit Corporation to make and administer the Secretary shall use the authority pro- of the week that includes September 11, 2001. payments for livestock losses to producers vided under section 808 of title 5, United for 2001 losses in a county that has received States Code. (2) REAPPLICATION PROCESS.— an emergency designation by the President (A) ALTERNATIVE BASE PERIODS.—In the TITLE IX—ADDITIONAL PROVISIONS or the Secretary after January 1, 2001. case of an individual who filed an initial SEC. 901. CREDIT TO HOLDERS OF QUALIFIED (b) ADMINISTRATION.—The Secretary shall AMTRAK BONDS. claim for regular compensation on or after make assistance available under this section the first day of the week that includes Sep- (a) IN GENERAL.—Part IV of subchapter A in the same manner as provided under sec- of chapter 1 (relating to credits against tax) tember 11, 2001, and before the date that the tion 806 of the Agriculture, Rural Develop- State entered into an agreement under sub- is amended by adding at the end the fol- ment, Food and Drug Administration, and lowing new subpart: section (a)(1) that was denied as a result of Related Agencies Appropriations Act, 2001 the application of the base period that ap- (Public Law 105–277; 114 Stat. 1549A–51). ‘‘Subpart H—Nonrefundable Credit for Holders of Qualified Amtrak Bonds plied under the State law prior to the date SEC. 803. COMMODITY PURCHASES. on which the State entered into the such (a) IN GENERAL.—The Secretary shall use ‘‘Sec. 54. Credit to holders of qualified Am- agreement, such individual— $220,000,000 of funds of the Commodity Credit trak bonds. (i) may refile a claim for regular com- Corporation to purchase agricultural com- ‘‘SEC. 54. CREDIT TO HOLDERS OF QUALIFIED pensation based on the modification de- modities, especially agricultural commod- AMTRAK BONDS. scribed in section 702(b)(2)(A) (relating to al- ities that have experienced low prices during ‘‘(a) ALLOWANCE OF CREDIT.—In the case of ternative base periods) on or after the date the 2001 calendar year, as determined by the a taxpayer who holds a qualified Amtrak on which the State enters into such agree- Secretary. bond on a credit allowance date of such bond ment and before the date on which such (b) GEOGRAPHIC DIVERSITY.—The Secretary which occurs during the taxable year, there agreement terminates; and is encouraged to purchase agricultural com- shall be allowed as a credit against the tax (ii) if eligible, shall be entitled to such modities under this section in a manner that imposed by this chapter for such taxable compensation only for weeks of unemploy- reflects the geographic diversity of agricul- year an amount equal to the sum of the cred- ment described in subsection (a) beginning tural production in the United States, par- its determined under subsection (b) with re- on or after the date on which the individual ticularly agricultural production in the spect to credit allowance dates during such files such claim. Northeast and Mid-Atlantic States. year on which the taxpayer holds such bond. ‘‘(b) AMOUNT OF CREDIT.— (B) PART-TIME EMPLOYMENT.—In the case of (c) OTHER PURCHASES.—The Secretary shall an individual who before the date that the ensure that purchases of agricultural com- ‘‘(1) IN GENERAL.—The amount of the credit State entered into an agreement under sub- modities under this section are in addition determined under this subsection with re- section (a)(1) was denied regular compensa- to purchases by the Secretary under any spect to any credit allowance date for a qualified Amtrak bond is 25 percent of the tion under the State law’s provisions relat- other law. annual credit determined with respect to ing to availability for work, active search for (d) TRANSPORTATION AND DISTRIBUTION such bond. work, or refusal to accept work, solely by COSTS.—The Secretary may use not more ‘‘(2) ANNUAL CREDIT.—The annual credit de- virtue of the fact that such individual is than $20,000,000 of the funds made available termined with respect to any qualified Am- seeking, or available for, only part-time (and under subsection (a) to provide assistance to States to cover costs incurred by the States trak bond is the product of— not full-time) work, such individual— in transporting and distributing agricultural ‘‘(A) the applicable credit rate, multiplied (i) may refile a claim for regular com- commodities purchased under this section. by pensation based on the modification de- (e) PURCHASES FOR SCHOOL NUTRITION PRO- ‘‘(B) the outstanding face amount of the scribed in section 702(b)(2)(B) (relating to GRAMS.—The Secretary shall use not less bond. part-time employment) on or after the date than $55,000,000 of the funds made available ‘‘(3) APPLICABLE CREDIT RATE.—For pur- on which the State enters into the agree- under subsection (a) to purchase agricultural poses of paragraph (2), the applicable credit ment under subsection (a)(1) and before the commodities of the type distributed under rate with respect to an issue is the rate date on which such agreement terminates; section 6(a) of the Richard B. Russell Na- equal to an average market yield (as of the and tional School Lunch Act (42 U.S.C. 1755(a)) day before the date of sale of the issue) on (ii) if eligible, shall be entitled to such for distribution to schools and service insti- outstanding long-term corporate debt obliga- compensation only for weeks of unemploy- tutions in accordance with section 6(a) of tions (determined in such manner as the Sec- ment described in subsection (a) beginning that Act. retary prescribes). on or after the date on which the individual Subtitle B—Administration ‘‘(4) CREDIT ALLOWANCE DATE.—For pur- files such claim. SEC. 811. COMMODITY CREDIT CORPORATION. poses of this section, the term ‘credit allow- (3) NO RETROACTIVE PAYMENTS FOR WEEKS The Secretary shall use the funds, facili- ance date’ means— PRIOR TO AGREEMENT.—No amounts shall be ties, and authorities of the Commodity Cred- ‘‘(A) March 15, payable to an individual under an agreement it Corporation to carry out this title. ‘‘(B) June 15, entered into under this title for any week of SEC. 812. ADMINISTRATIVE EXPENSES. ‘‘(C) September 15, and unemployment prior to the week beginning (a) IN GENERAL.—In addition to funds oth- ‘‘(D) December 15. after the date on which such agreement is erwise available, not later than 30 days after Such term includes the last day on which the entered into. the date of enactment of this Act, out of any bond is outstanding. TITLE VIII—EMERGENCY AGRICULTURE funds in the Treasury not otherwise appro- ‘‘(5) SPECIAL RULE FOR ISSUANCE AND RE- ASSISTANCE priated, the Secretary of the Treasury shall DEMPTION.—In the case of a bond which is Subtitle A—Income Loss Assistance transfer to the Secretary of Agriculture to issued during the 3-month period ending on a SEC. 801. INCOME LOSS ASSISTANCE. pay the salaries and expenses of the Depart- credit allowance date, the amount of the (a) IN GENERAL.—The Secretary of Agri- ment of Agriculture in carrying out this credit determined under this subsection with culture (referred to in this title as the ‘‘Sec- title $50,400,000, to remain available until ex- respect to such credit allowance date shall retary’’) shall use $1,800,000,000 of funds of pended. be a ratable portion of the credit otherwise the Commodity Credit Corporation to make (b) RECEIPT AND ACCEPTANCE.—The Sec- determined based on the portion of the 3- emergency financial assistance available to retary shall be entitled to receive, shall ac- month period during which the bond is out- producers on a farm that have incurred cept, and shall use to carry out this section standing. A similar rule shall apply when the qualifying income losses in calendar year the funds transferred under subsection (a), bond is redeemed. 2001. without further appropriation. ‘‘(c) LIMITATION BASED ON AMOUNT OF (b) ADMINISTRATION.—The Secretary shall SEC. 813. REGULATIONS. TAX.— make assistance available under this section (a) IN GENERAL.—The Secretary may pro- ‘‘(1) IN GENERAL.—The credit allowed under in the same manner as provided under sec- mulgate such regulations as are necessary to subsection (a) for any taxable year shall not tion 815 of the Agriculture, Rural Develop- implement this title. exceed the excess of— S11848 CONGRESSIONAL RECORD — SENATE November 14, 2001 ‘‘(A) the sum of the regular tax liability ‘‘(B) the amount of bonds issued during aggregate decrease in the credits allowed (as defined in section 26(b)) plus the tax im- such year which are designated under sub- under this section to such holder for taxable posed by section 55, over section (e)(3), years beginning in such 3 calendar years ‘‘(B) the sum of the credits allowable under the qualified Amtrak limitation amount for which would have resulted solely from deny- this part (other than this subpart and sub- the following calendar year shall be in- ing any credit under this section with re- part C). creased by the amount of such excess. spect to such issue for such taxable years. ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the Any carryforward of a qualified Amtrak lim- ‘‘(3) SPECIAL RULES.— credit allowable under subsection (a) exceeds itation amount may be carried only to cal- ‘‘(A) TAX BENEFIT RULE.—The tax for the the limitation imposed by paragraph (1) for endar year 2003 or 2004. taxable year shall be increased under para- such taxable year, such excess shall be car- ‘‘(g) SPECIAL RULES RELATING TO ARBI- graph (2) only with respect to credits allowed ried to the succeeding taxable year and TRAGE.— by reason of this section which were used to added to the credit allowable under sub- ‘‘(1) IN GENERAL.—Subject to paragraph (2), reduce tax liability. In the case of credits section (a) for such taxable year. an issue shall be treated as meeting the re- not so used to reduce tax liability, the ‘‘(d) CREDIT INCLUDED IN GROSS INCOME.— quirements of this subsection if as of the carryforwards and carrybacks under section Gross income includes the amount of the date of issuance, the issuer reasonably 39 shall be appropriately adjusted. credit allowed to the taxpayer under this expects— ‘‘(B) NO CREDITS AGAINST TAX.—Any in- section (determined without regard to sub- ‘‘(A) to spend at least 95 percent of the pro- crease in tax under paragraph (2) shall not be section (c)) and the amount so included shall ceeds from the sale of the issue for 1 or more treated as a tax imposed by this chapter for be treated as interest income. qualified projects within the 3-year period purposes of determining— ‘‘(e) QUALIFIED AMTRAK BOND.—For pur- beginning on such date, ‘‘(i) the amount of any credit allowable poses of this part, the term ‘qualified Am- ‘‘(B) to incur a binding commitment with a under this part, or trak bond’ means any bond issued as part of third party to spend at least 10 percent of the ‘‘(ii) the amount of the tax imposed by sec- an issue if— proceeds from the sale of the issue, or to tion 55. ‘‘(1) 95 percent or more of the proceeds commence construction, with respect to such ‘‘(i) TRUST ACCOUNT.— from the sale of such issue are to be used for projects within the 6-month period beginning ‘‘(1) IN GENERAL.—The following amounts expenditures incurred after the date of the on such date, and shall be held in a trust account by a trustee enactment of this section for any qualified ‘‘(C) to proceed with due diligence to com- independent of the National Railroad Pas- project, plete such projects and to spend the proceeds senger Corporation: ‘‘(2) the bond is issued by the National from the sale of the issue. ‘‘(A) The proceeds from the sale of all Railroad Passenger Corporation, is in reg- ‘‘(2) RULES REGARDING CONTINUING COMPLI- bonds designated for purposes of this section. istered form, and meets the bond limitation ANCE AFTER 3-YEAR DETERMINATION.—If at ‘‘(B) The amount of any matching con- requirements under subsection (f), least 95 percent of the proceeds from the sale tributions with respect to such bonds. ‘‘(3) the issuer designates such bond for of the issue is not expended for 1 or more ‘‘(C) The investment earnings on proceeds purposes of this section, qualified projects within the 3-year period from the sale of such bonds. ‘‘(4) the issuer certifies that it meets the beginning on the date of issuance, but the re- ‘‘(D) Any earnings on any amounts de- State contribution requirement of sub- quirements of paragraph (1) are otherwise scribed in subparagraph (A), (B), or (C). section (k) with respect to such project, as in met, an issue shall be treated as continuing ‘‘(2) USE OF FUNDS.—Amounts in the trust effect on the date of issuance, to meet the requirements of this subsection account may be used only to pay costs of ‘‘(5) the issuer certifies that it has ob- if either— qualified projects and redeem qualified Am- tained the written approval of the Secretary ‘‘(A) the issuer uses all unspent proceeds trak bonds, except that amounts withdrawn of Transportation for such project in accord- from the sale of the issue to redeem bonds of from the trust account to pay costs of quali- ance with subsection (l), the issue within 90 days after the end of such fied projects may not exceed the aggregate ‘‘(6) the term of each bond which is part of 3-year period, or proceeds from the sale of all qualified Am- such issue does not exceed 20 years, ‘‘(B) the following requirements are met: trak bonds issued under this section. ‘‘(7) the payment of principal with respect ‘‘(i) The issuer spends at least 75 percent of ‘‘(3) USE OF REMAINING FUNDS IN TRUST AC- to such bond is the obligation of the Na- the proceeds from the sale of the issue for 1 COUNT.—Upon the redemption of all qualified tional Railroad Passenger Corporation, and or more qualified projects within the 3-year Amtrak bonds issued under this section, any ‘‘(8) the issue meets the requirements of period beginning on the date of issuance. remaining amounts in the trust account de- subsection (g) (relating to arbitrage). ‘‘(ii) Either— scribed in paragraph (1) shall be available to ‘‘(f) LIMITATION ON AMOUNT OF BONDS DES- ‘‘(I) the issuer spends at least 95 percent of the issuer for any qualified project. IGNATED.— the proceeds from the sale of the issue for 1 ‘‘(j) QUALIFIED PROJECT.—For purposes of ‘‘(1) NATIONAL LIMITATION.—There is a or more qualified projects within the 4-year this section— qualified Amtrak bond limitation for each period beginning on the date of issuance, or ‘‘(1) IN GENERAL.—The term ‘qualified calendar year. Such limitation is— ‘‘(II) the issuer pays to the Federal Govern- project’ means— ‘‘(A) for 2002— ment any earnings on the proceeds from the ‘‘(A) the acquisition, financing, or refi- ‘‘(i) with respect to qualified projects de- sale of the issue that accrue after the end of nancing of equipment, rolling stock, and scribed in subparagraphs (A), (B), and (C) of the 3-year period beginning on the date of other capital improvements (including the subsection (j)(1), $7,000,000,000, and issuance and uses all unspent proceeds from introduction of new high-speed technologies ‘‘(ii) with respect to the qualified project the sale of the issue to redeem bonds of the such as magnetic levitation systems), in- described in subsection (j)(1)(D), issue within 90 days after the end of the 4- cluding track or signal improvements or the $2,000,000,000, and year period beginning on the date of elimination of grade crossings, for the north- ‘‘(B) except as provided in paragraph (4), issuance. east rail corridor between Washington, D.C., zero thereafter. ‘‘(h) RECAPTURE OF PORTION OF CREDIT and Boston, Massachusetts, ‘‘(2) LIMITS ON BONDS FOR NORTHEAST RAIL WHERE CESSATION OF COMPLIANCE.— ‘‘(B) the acquisition, financing, or refi- CORRIDOR AND INDIVIDUAL STATES.— ‘‘(1) IN GENERAL.—If any bond which when nancing of equipment, rolling stock, and ‘‘(A) NORTHEAST RAIL CORRIDOR.—Not more issued purported to be a qualified Amtrak other capital improvements (including the than $2,000,000,000 of the limitation under bond ceases to be such a qualified bond, the introduction of new high-speed technologies paragraph (1) may be designated for qualified issuer shall pay to the United States (at the such as magnetic levitation systems), in- projects on the northeast rail corridor be- time required by the Secretary) an amount cluding development of intermodal facilities, tween Washington, D.C., and Boston, Massa- equal to the sum of— track or signal improvements, or the elimi- chusetts. ‘‘(A) the aggregate of the credits allowable nation of grade crossings, for the improve- ‘‘(B) INDIVIDUAL STATES.—Not more than under this section with respect to such bond ment of train speeds or safety (or both) on $2,000,000,000 of the limitation under para- (determined without regard to subsection the high-speed rail corridors designated graph (1) may be designated for any indi- (c)) for taxable years ending during the cal- under section 104(d)(2) of title 23, United vidual State. The dollar limitation under endar year in which such cessation occurs States Code, as in effect on the date of the this subparagraph is in addition to the dollar and the 2 preceding calendar years, and enactment of this section, limitation for the qualified projects de- ‘‘(B) interest at the underpayment rate ‘‘(C) the acquisition, financing, or refi- scribed in subparagraph (A). under section 6621 on the amount determined nancing of equipment, rolling stock, and ‘‘(3) SET ASIDE FOR BONDS FOR NON-FEDER- under subparagraph (A) for each calendar other capital improvements, including sta- ALLY DESIGNATED HIGH-SPEED RAIL CORRIDOR year for the period beginning on the first day tion rehabilitation or construction, develop- PROJECTS.—Not less than 15 percent of the of such calendar year. ment of intermodal facilities, track or signal limitation under paragraph (1) shall be des- ‘‘(2) FAILURE TO PAY.—If the issuer fails to improvements, or the elimination of grade ignated for qualified projects described in timely pay the amount required by para- crossings, for the improvement of train subsection (j)(1)(C). graph (1) with respect to such bond, the tax speeds or safety (or both) for other intercity ‘‘(4) CARRYOVER OF UNUSED LIMITATION.—If imposed by this chapter on each holder of passenger rail corridors and for the Alaska for any calendar year— any such bond which is part of such issue Railroad, and ‘‘(A) the qualified Amtrak limitation shall be increased (for the taxable year of the ‘‘(D) construction, installation of facili- amount, exceeds holder in which such cessation occurs) by the ties, performance of railroad force account November 14, 2001 CONGRESSIONAL RECORD — SENATE S11849 work, and environmental impact studies ‘‘(B) has met the State contribution re- taken (including conditions to taking such that facilitate and maximize intercity and quirements described in subsection (k). remedial actions) to prevent an action de- regional rail system capacity and The National Railroad Passenger Corpora- scribed in the preceding sentence from caus- connectivity intended to benefit all users, tion shall not exercise its rights under sec- ing a bond to fail to be a qualified Amtrak including the National Passenger Rail Cor- tion 24308(a)(2) of title 49, United States bond. poration, related to the construction of the Code, to resolve disputes with respect to a ‘‘(3) PARTNERSHIP; S CORPORATION; AND Trans Hudson Tunnel, an additional railroad project to be funded by a qualified Amtrak OTHER PASS-THRU ENTITIES.—In the case of a passenger tunnel connecting Newark, New bond, or with respect to the cost of such a partnership, trust, S corporation, or other Jersey to the City of New York, New York. project, unless the project is intended to re- pass-thru entity, rules similar to the rules of ‘‘(2) REFINANCING RULES.—For purposes of sult in railroad speeds of 79 miles per hour or section 41(g) shall apply with respect to the paragraph (1), a refinancing shall constitute less. credit allowable under subsection (a). a qualified project only if the indebtedness ‘‘(4) AGREEMENT BY AMTRAK TO ISSUE ADDI- ‘‘(4) BONDS HELD BY REGULATED INVESTMENT being refinanced (including any obligation TIONAL BONDS FOR PROJECTS OF OTHER CAR- COMPANIES.—If any qualified Amtrak bond is directly or indirectly refinanced by such in- RIERS.— held by a regulated investment company, the debtedness) was originally incurred by the ‘‘(A) IN GENERAL.—For purposes of para- credit determined under subsection (a) shall issuer— graph (1), the agreement described in this be allowed to shareholders of such company ‘‘(A) after the date of the enactment of this paragraph is an agreement by the National under procedures prescribed by the Sec- section, Railroad Passenger Corporation with the retary. ‘‘(B) for a term of not more than 3 years, Secretary of Transportation to issue bonds ‘‘(5) REPORTING.—Issuers of qualified Am- ‘‘(C) to finance or acquire capital improve- which meet the requirements of this section trak bonds shall submit reports similar to ments described in paragraph (1), and for use in financing projects described in sub- the reports required under section 149(e).’’. ‘‘(D) in anticipation of being refinanced paragraph (B). (b) AMENDMENTS TO OTHER CODE SEC- ROJECTS COVERED with proceeds of a qualified Amtrak bond. ‘‘(B) P .—For purposes of TIONS.— ‘‘(k) STATE CONTRIBUTION REQUIREMENTS.— subparagraph (A), the projects described in (1) REPORTING.—Subsection (d) of section ‘‘(1) IN GENERAL.—For purposes of sub- this subparagraph are any project described 6049 (relating to returns regarding payments section (e)(4), the State contribution require- in subsection (j)(1)(B) or (j)(1)(C) for an inter- of interest) is amended by adding at the end ment of this subsection is met with respect city rail passenger carrier other than the Na- the following new paragraph: to any qualified project if the National Rail- tional Railroad Passenger Corporation or for ‘‘(8) REPORTING OF CREDIT ON QUALIFIED AM- road Passenger Corporation has received the Alaska Railroad. TRAK BONDS.— from 1 or more States, not later than the ‘‘(C) RESPONSIBILITY OF INTERCITY RAIL PAS- ‘‘(A) IN GENERAL.—For purposes of sub- date of issuance of the bond, matching con- SENGER CARRIER.—Any project financed by section (a), the term ‘interest’ includes tributions of not less than 20 percent of the bonds referred to in subparagraph (A) shall amounts includible in gross income under cost of the qualified project. be carried out by the intercity rail passenger section 54(d) and such amounts shall be ‘‘(2) NO STATE CONTRIBUTION REQUIREMENT carrier other than the National Railroad treated as paid on the credit allowance date FOR CERTAIN QUALIFIED PROJECTS.—The State Passenger Corporation, through a contract (as defined in section 54(b)(4)). contribution requirement of this subsection entered into by the National Railroad Pas- ‘‘(B) REPORTING TO CORPORATIONS, ETC.— is zero with respect to any project described senger Corporation with such carrier. Except as otherwise provided in regulations, in subsection (j)(1)(C) for the Alaska Rail- ‘‘(D) INTERCITY RAIL PASSENGER CARRIER in the case of any interest described in sub- road. DEFINED.—For purposes of this paragraph, paragraph (A), subsection (b)(4) shall be ap- ‘‘(3) STATE MATCHING CONTRIBUTIONS MAY the term ‘intercity rail passenger carrier’ NOT INCLUDE FEDERAL FUNDS.—For purposes means any rail carrier (as defined in section plied without regard to subparagraphs (A), of this subsection, State matching contribu- 24102(7) of such title 49, as in effect on the (H), (I), (J), (K), and (L)(i) of such subsection. tions shall not be derived, directly or indi- date of the enactment of this section) which ‘‘(C) REGULATORY AUTHORITY.—The Sec- rectly, from Federal funds, including any is part of the interstate system of rail trans- retary may prescribe such regulations as are transfers from the Highway Trust Fund portation and which provides intercity rail necessary or appropriate to carry out the under section 9503. passenger transportation (as defined in sec- purposes of this paragraph, including regula- ‘‘(l) DEPARTMENT OF TRANSPORTATION AP- tion 24102(5) of such title 49 (as so in effect)). tions which require more frequent or more PROVAL FOR QUALIFIED PROJECTS.— ‘‘(5) ADDITIONAL SELECTION CRITERIA.—In detailed reporting.’’. ‘‘(1) IN GENERAL.—The written approval of determining projects to be approved under (2) TREATMENT FOR ESTIMATED TAX PUR- a qualified project by the Secretary of Trans- this subsection (other than projects for the POSES.— portation required for purposes of subsection Alaska Railroad), or to be included in an (A) INDIVIDUAL.—Section 6654 (relating to (e)(5) shall include— agreement under paragraph (4), the Sec- failure by individual to pay estimated in- ‘‘(A) the finding by the Inspector General retary of Transportation— come tax) is amended by redesignating sub- of the Department of Transportation de- ‘‘(A) shall base such approval on— section (m) as subsection (n) and by insert- scribed in paragraph (2), ‘‘(i) the results of alternatives analysis and ing after subsection (l) the following new ‘‘(B) the certification by the Secretary of preliminary engineering, and subsection: Transportation described in paragraph (3), ‘‘(ii) a comprehensive review of mobility ‘‘(m) SPECIAL RULE FOR HOLDERS OF QUALI- and improvements, environmental benefits, cost FIED AMTRAK BONDS.—For purposes of this ‘‘(C) the agreement by the National Rail- effectiveness, and operating efficiencies, and section, the credit allowed by section 54 to a road Passenger Corporation described in ‘‘(B) shall give preference to— taxpayer by reason of holding a qualified paragraph (4). ‘‘(i) projects supported by evidence of sta- Amtrak bond on a credit allowance date ‘‘(2) FINDING BY INSPECTOR GENERAL.—For ble and dependable financing sources to con- shall be treated as if it were a payment of es- purposes of paragraph (1), the finding de- struct, maintain, and operate the system or timated tax made by the taxpayer on such scribed in this paragraph is a finding by the extension, date.’’. Inspector General of the Department of ‘‘(ii) projects expected to have a significant (B) CORPORATE.—Section 6655 (relating to Transportation that there is a reasonable impact on air traffic congestion, failure by corporation to pay estimated in- likelihood that the proposed project will re- ‘‘(iii) projects expected to also improve come tax) is amended by adding at the end of sult in a positive financial contribution to commuter rail operations, subsection (g) the following new paragraph: the National Railroad Passenger Corporation ‘‘(iv) projects that anticipate fares de- ‘‘(5) SPECIAL RULE FOR HOLDERS OF QUALI- and that the investment evaluation process signed to recover costs and generate a return FIED AMTRAK BONDS.—For purposes of this includes consideration of a return on invest- on investment, and section, the credit allowed by section 54 to a ment, leveraging of funds (including State ‘‘(v) projects that promote regional bal- taxpayer by reason of holding a qualified capital and operating contributions), cost ef- ance in infrastructure investment and the Amtrak bond on a credit allowance date fectiveness, safety improvement, mobility national interest in ensuring the develop- shall be treated as if it were a payment of es- improvement, and feasibility. ment of a nationwide high-speed rail trans- timated tax made by the taxpayer on such ‘‘(3) CERTIFICATION.—For purposes of para- portation network. date.’’. graph (1), the certification described in this ‘‘(m) OTHER DEFINITIONS AND SPECIAL (3) EXCLUSION FROM GROSS INCOME OF CON- paragraph is a certification by the Secretary RULES.—For purposes of this section— TRIBUTIONS BY AMTRAK TO OTHER RAIL CAR- of Transportation that the issuer of the ‘‘(1) BOND.—The term ‘bond’ includes any RIERS.— qualified Amtrak bond— obligation. (A) IN GENERAL.—Section 118 (relating to ‘‘(A) except with respect to projects de- ‘‘(2) TREATMENT OF CHANGES IN USE.—For contributions to the capital of a corporation) scribed in subsection (j)(1)(C), has entered purposes of subsection (e)(1), the proceeds is amended by redesignating subsection (d) into a written agreement with the owners of from the sale of an issue shall not be treated as subsection (e) and by inserting after sub- rail properties which are to be improved by as used for a qualified project to the extent section (c) the following new subsection: the project to be funded by the qualified Am- that the issuer takes any action within its ‘‘(d) SPECIAL RULE FOR CONTRIBUTIONS BY trak bond, as to the scope and estimated cost control which causes such proceeds not to be AMTRAK TO OTHER RAIL CARRIERS.—For pur- of such project and the impact on rail freight used for a qualified project. The Secretary poses of this section, the term ‘contribution capacity, and shall specify remedial actions that may be to the capital of the taxpayer’ includes any S11850 CONGRESSIONAL RECORD — SENATE November 14, 2001

contribution by the National Railroad Pas- to the President and Congress a multi-year ‘‘(A) IN GENERAL.—Qualified expenditures senger Corporation of personal or real prop- capital spending plan, as approved by the shall be taken into account under paragraph erty funded by the proceeds of qualified Am- Board of Directors of the Corporation. (1) only with respect to qualified trak bonds under section 54.’’. (B) CONTENTS OF PLAN.—Such plan shall equipment— (B) CONFORMING AMENDMENT.—Subsection identify the capital investment needs of the ‘‘(i) the original use of which commences (b) of such section 118 is amended by striking Corporation over a period of not less than 5 with the taxpayer, and ‘‘subsection (c)’’ and inserting ‘‘subsections years and the funding sources available to fi- ‘‘(ii) which is placed in service, (c) and (d)’’. nance such needs and shall prioritize such after December 31, 2001. (4) PROTECTION OF HIGHWAY TRUST FUND.— needs according to corporate goals and strat- ‘‘(B) LEASED EQUIPMENT.—Except as pro- Section 9503 (relating to Highway Trust egies. vided in regulations, rules similar to the Fund) is amended by adding at the end the (C) INITIAL SUBMISSION DATE.—The first rules of section 203(b)(3) of the Tax Reform following new subsection: plan shall be submitted before the issuance Act of 1986 shall apply. ‘‘(g) SPECIAL RULES RELATING TO NATIONAL of any qualified Amtrak bonds by the Na- ‘‘(d) SPECIAL ALLOCATION RULES.— RAILROAD PASSENGER CORPORATION.— tional Railroad Passenger Corporation pur- ‘‘(1) CURRENT GENERATION BROADBAND SERV- ‘‘(1) IN GENERAL.—Except as provided in suant to section 54 of the Internal Revenue ICES.—For purposes of determining the cur- subsection (c), as in effect on the date of the Code of 1986 (as added by this section). rent generation broadband credit under sub- enactment of this subsection, amounts in the (2) OVERSIGHT OF AMTRAK TRUST ACCOUNT section (a)(1) with respect to qualified equip- Highway Trust Fund may not be used, either AND QUALIFIED PROJECTS.— ment through which current generation directly or indirectly through a State or (A) TRUST ACCOUNT OVERSIGHT.—The Sec- broadband services are provided, if the quali- local transit authority, to provide funds to retary of the Treasury shall annually report fied equipment is capable of serving both the National Railroad Passenger Corporation to Congress as to whether the amount depos- qualified subscribers and other subscribers, for any purpose, including issuance of any ited in the trust account established by the the qualified expenditures shall be multi- qualified Amtrak bond pursuant to section National Railroad Passenger Corporation plied by a fraction— 54. The preceding sentence may not be under section 54(i) of such Code (as so added) ‘‘(A) the numerator of which is the sum of waived by any provision of law which is not is sufficient to fully repay at maturity the the number of potential qualified subscribers contained or referenced in this title, whether principal of any outstanding qualified Am- within the rural areas and the underserved such provision of law is a subsequently en- trak bonds issued pursuant to section 54 of areas which the equipment is capable of serv- acted provision or directly or indirectly such Code (as so added), together with ing with current generation broadband serv- seeks to waive the application of such sen- amounts expected to be deposited into such ices, and tence. account, as certified by the National Rail- ‘‘(B) the denominator of which is the total ‘‘(2) CERTIFICATION BY THE SECRETARY.— road Passenger Corporation in accordance potential subscriber population of the area The issuance of any qualified Amtrak bonds with procedures prescribed by the Secretary which the equipment is capable of serving by the National Railroad Passenger Corpora- of the Treasury. with current generation broadband services. tion pursuant to section 54 is conditioned on (B) PROJECT OVERSIGHT.—The National ‘‘(2) NEXT GENERATION BROADBAND SERV- certification by the Secretary, after con- Railroad Passenger Corporation shall con- ICES.—For purposes of determining the next sultation with the Secretary of Transpor- tract for an annual independent assessment generation broadband credit under sub- tation, within 30 days of a request by the of the costs and benefits of the qualified section (a)(2) with respect to qualified equip- issuer, that with respect to funds of the projects financed by such qualified Amtrak ment through which next generation Highway Trust Fund described under para- bonds, including an assessment of the invest- broadband services are provided, if the quali- graph (1), the issuer either— ment evaluation process of the Corporation. fied equipment is capable of serving both ‘‘(A) has not received such funds during The annual assessment shall be included in qualified subscribers and other subscribers, calendar years commencing with 2002 and the plan submitted under paragraph (1). the qualified expenditures shall be multi- ending before the calendar year the bonds SEC. 902. BROADBAND INTERNET ACCESS TAX plied by a fraction— are issued, or CREDIT. ‘‘(A) the numerator of which is the sum ‘‘(B) has repaid to the Highway Trust Fund (a) IN GENERAL.—Subpart E of part IV of of— any such funds which were received during chapter 1 (relating to rules for computing in- ‘‘(i) the number of potential qualified sub- such calendar years. vestment credit) is amended by inserting scribers within the rural areas and under- ‘‘(3) NO RETROACTIVE EFFECT.—Nothing in after section 48 the following: served areas, plus this subsection shall adversely affect the en- ‘‘SEC. 48A. BROADBAND CREDIT. ‘‘(ii) the number of potential qualified sub- titlement of the holders of qualified Amtrak ‘‘(a) GENERAL RULE.—For purposes of sec- scribers within the area consisting only of bonds to the tax credit allowed pursuant to tion 46, the broadband credit for any taxable residential subscribers not described in section 54 or to repayment of principal upon year is the sum of— clause (i), maturity.’’. ‘‘(1) the current generation broadband which the equipment is capable of serving (c) CLERICAL AMENDMENTS.— credit, plus with next generation broadband services, and (1) The table of subparts for part IV of sub- ‘‘(2) the next generation broadband credit. ‘‘(B) the denominator of which is the total chapter A of chapter 1 is amended by adding ‘‘(b) CURRENT GENERATION BROADBAND potential subscriber population of the area at the end the following new item: CREDIT; NEXT GENERATION BROADBAND CRED- which the equipment is capable of serving ‘‘Subpart H. Nonrefundable Credit for Hold- IT.—For purposes of this section— with next generation broadband services. ers of Qualified Amtrak ‘‘(1) CURRENT GENERATION BROADBAND CRED- ‘‘(e) DEFINITIONS.—For purposes of this Bonds.’’. IT.—The current generation broadband credit section— (2) Section 6401(b)(1) is amended by strik- for any taxable year is equal to 10 percent of ‘‘(1) ANTENNA.—The term ‘antenna’ means ing ‘‘and G’’ and inserting ‘‘G, and H’’. the qualified expenditures incurred with re- any device used to transmit or receive sig- (d) ANNUAL REPORT BY TREASURY ON AM- spect to qualified equipment providing cur- nals through the electromagnetic spectrum, TRAK TRUST ACCOUNT.—The Secretary of the rent generation broadband services to quali- including satellite equipment. Treasury shall annually report to Congress fied subscribers and taken into account with ‘‘(2) CABLE OPERATOR.—The term ‘cable op- as to whether the amount deposited in the respect to such taxable year. erator’ has the meaning given such term by trust account established by the National ‘‘(2) NEXT GENERATION BROADBAND CREDIT.— section 602(5) of the Communications Act of Railroad Passenger Corporation under sec- The next generation broadband credit for 1934 (47 U.S.C. 522(5)). tion 54(i) of the Internal Revenue Code of any taxable year is equal to 20 percent of the ‘‘(3) COMMERCIAL MOBILE SERVICE CAR- 1986, as added by this section, is sufficient to qualified expenditures incurred with respect RIER.—The term ‘commercial mobile service fully repay at maturity the principal of any to qualified equipment providing next gen- carrier’ means any person authorized to pro- outstanding qualified Amtrak bonds issued eration broadband services to qualified sub- vide commercial mobile radio service as de- pursuant to section 54 of such Code (as so scribers and taken into account with respect fined in section 20.3 of title 47, Code of Fed- added), together with amounts expected to to such taxable year. eral Regulations. be deposited into such account, as certified ‘‘(c) WHEN EXPENDITURES TAKEN INTO AC- ‘‘(4) CURRENT GENERATION BROADBAND SERV- by the National Railroad Passenger Corpora- COUNT.—For purposes of this section— ICE.—The term ‘current generation tion in accordance with procedures pre- ‘‘(1) IN GENERAL.—Qualified expenditures broadband service’ means the transmission scribed by the Secretary of the Treasury. with respect to qualified equipment shall be of signals at a rate of at least 1,000,000 bits (e) EFFECTIVE DATE.—The amendments taken into account with respect to the first per second to the subscriber and at least made by this section shall apply to obliga- taxable year in which— 128,000 bits per second from the subscriber. tions issued after the date of the enactment ‘‘(A) current generation broadband services ‘‘(5) MULTIPLEXING OR DEMULTIPLEXING.— of this Act. are provided through such equipment to The term ‘multiplexing’ means the trans- (f) MULTI-YEAR CAPITAL SPENDING PLAN qualified subscribers, or mission of 2 or more signals over a single AND OVERSIGHT.— ‘‘(B) next generation broadband services channel, and the term ‘demultiplexing’ (1) AMTRAK CAPITAL SPENDING PLAN.— are provided through such equipment to means the separation of 2 or more signals (A) IN GENERAL.—The National Railroad qualified subscribers. previously combined by compatible multi- Passenger Corporation shall annually submit ‘‘(2) LIMITATION.— plexing equipment. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11851

‘‘(6) NEXT GENERATION BROADBAND SERV- scriber in the case of a telecommunications ‘‘(A) is not within 10 miles of any incor- ICE.—The term ‘next generation broadband carrier, porated or census designated place con- service’ means the transmission of signals at ‘‘(ii) extends from the customer side of the taining more than 25,000 people, and a rate of at least 22,000,000 bits per second to mobile telephone switching office to a trans- ‘‘(B) is not within a county or county the subscriber and at least 5,000,000 bits per mission/receive antenna (including such an- equivalent which has an overall population second from the subscriber. tenna) owned or leased by a subscriber in the density of more than 500 people per square ‘‘(7) NONRESIDENTIAL SUBSCRIBER.—The case of a commercial mobile service carrier, mile of land. term ‘nonresidential subscriber’ means a per- ‘‘(iii) extends from the customer side of the ‘‘(18) RURAL SUBSCRIBER.—The term ‘rural son who purchases broadband services which headend to the outside of the unit, building, subscriber’ means a residential subscriber re- are delivered to the permanent place of busi- dwelling, or office owned or leased by a sub- siding in a dwelling located in a rural area or ness of such person. scriber in the case of a cable operator or nonresidential subscriber maintaining a per- ‘‘(8) OPEN VIDEO SYSTEM OPERATOR.—The open video system operator, or manent place of business located in a rural term ‘open video system operator’ means ‘‘(iv) extends from a transmission/receive area. any person authorized to provide service antenna (including such antenna) which ‘‘(19) SATELLITE CARRIER.—The term ‘sat- under section 653 of the Communications Act transmits and receives signals to or from ellite carrier’ means any person using the fa- of 1934 (47 U.S.C. 573). multiple subscribers to a transmission/re- cilities of a satellite or satellite service li- ceive antenna (including such antenna) on censed by the Federal Communications Com- ‘‘(9) OTHER WIRELESS CARRIER.—The term ‘other wireless carrier’ means any person the outside of the unit, building, dwelling, or mission and operating in the Fixed-Satellite office owned or leased by a subscriber in the Service under part 25 of title 47 of the Code (other than a telecommunications carrier, case of a satellite carrier or other wireless of Federal Regulations or the Direct Broad- commercial mobile service carrier, cable op- carrier, unless such other wireless carrier is cast Satellite Service under part 100 of title erator, open video system operator, or sat- also a telecommunications carrier. 47 of such Code to establish and operate a ellite carrier) providing current generation ‘‘(C) PACKET SWITCHING EQUIPMENT.—Pack- channel of communications for distribution broadband services or next generation et switching equipment, regardless of loca- of signals, and owning or leasing a capacity broadband service to subscribers through the tion, shall be taken into account under sub- or service on a satellite in order to provide radio transmission of energy. paragraph (A) only if it is deployed in con- such distribution. ‘‘(10) PACKET SWITCHING.—The term ‘packet nection with equipment described in sub- ‘‘(20) SATURATED MARKET.—The term ‘satu- switching’ means controlling or routing the paragraph (B) and is uniquely designed to rated market’ means any census tract in path of a digitized transmission signal which perform the function of packet switching for which, as of the date of the enactment of is assembled into packets or cells. current generation broadband services or this section— ‘‘(11) PROVIDER.—The term ‘provider’ next generation broadband services, but only ‘‘(A) current generation broadband services means, with respect to any qualified if such packet switching is the last in a se- have been provided by one or more providers equipment— ries of such functions performed in the trans- to 85 percent or more of the total number of ‘‘(A) a cable operator, mission of a signal to a subscriber or the potential residential subscribers residing in ‘‘(B) a commercial mobile service carrier, first in a series of such functions performed dwellings located within such census tract, ‘‘(C) an open video system operator, in the transmission of a signal from a sub- and ‘‘(D) a satellite carrier, scriber. ‘‘(B) such services can be utilized— ‘‘(E) a telecommunications carrier, or ‘‘(D) MULTIPLEXING AND DEMULTIPLEXING ‘‘(i) at least a majority of the time during ‘‘(F) any other wireless carrier, EQUIPMENT.—Multiplexing and periods of maximum demand by each such providing current generation broadband demultiplexing equipment shall be taken subscriber who is utilizing such services, and services or next generation broadband serv- into account under subparagraph (A) only to ‘‘(ii) in a manner substantially the same as ices to subscribers through such qualified the extent it is deployed in connection with such services are provided by the provider to equipment. equipment described in subparagraph (B) and subscribers through equipment with respect ‘‘(12) PROVISION OF SERVICES.—A provider is uniquely designed to perform the function to which no credit is allowed under sub- shall be treated as providing services to a of multiplexing and demultiplexing packets section (a)(1). subscriber if— or cells of data and making associated appli- ‘‘(21) SUBSCRIBER.—The term ‘subscriber’ ‘‘(A) a subscriber has been passed by the cation adaptions, but only if such multi- means a person who purchases current gen- provider’s equipment and can be connected plexing or demultiplexing equipment is lo- eration broadband services or next genera- to such equipment for a standard connection cated between packet switching equipment tion broadband services. fee, described in subparagraph (C) and the sub- ‘‘(22) TELECOMMUNICATIONS CARRIER.—The ‘‘(B) the provider is physically able to de- scriber’s premises. term ‘telecommunications carrier’ has the liver current generation broadband services ‘‘(14) QUALIFIED EXPENDITURE.— meaning given such term by section 3(44) of or next generation broadband services, as ap- ‘‘(A) IN GENERAL.—The term ‘qualified ex- the Communications Act of 1934 (47 U.S.C. plicable, to such subscribers without making penditure’ means any amount— 153(44)), but— more than an insignificant investment with ‘‘(i) chargeable to capital account with re- ‘‘(A) includes all members of an affiliated respect to any such subscriber, spect to the purchase and installation of group of which a telecommunications carrier ‘‘(C) the provider has made reasonable ef- qualified equipment (including any upgrades is a member, and forts to make such subscribers aware of the thereto) for which depreciation is allowable ‘‘(B) does not include a commercial mobile availability of such services, under section 168, and service carrier. ‘‘(D) such services have been purchased by ‘‘(ii) incurred after December 31, 2001, and ‘‘(23) TOTAL POTENTIAL SUBSCRIBER POPU- one or more such subscribers, and before January 1, 2003. LATION.—The term ‘total potential sub- ‘‘(E) such services are made available to ‘‘(B) CERTAIN SATELLITE EXPENDITURES EX- scriber population’ means, with respect to such subscribers at average prices com- CLUDED.—Such term shall not include any any area and based on the most recent cen- parable to those at which the provider makes expenditure with respect to the launching of sus data, the total number of potential resi- available similar services in any areas in any satellite equipment. dential subscribers residing in dwellings lo- which the provider makes available such ‘‘(15) QUALIFIED SUBSCRIBER.—The term cated in such area and potential nonresiden- services. ‘qualified subscriber’ means— tial subscribers maintaining permanent ‘‘(13) QUALIFIED EQUIPMENT.— ‘‘(A) with respect to the provision of cur- places of business located in such area. ‘‘(A) IN GENERAL.—The term ‘qualified rent generation broadband services— ‘‘(24) UNDERSERVED AREA.—The term ‘un- equipment’ means equipment which provides ‘‘(i) a nonresidential subscriber maintain- derserved area’ means any census tract current generation broadband services or ing a permanent place of business in a rural which is located in— next generation broadband services— area or underserved area, or ‘‘(A) an empowerment zone or enterprise ‘‘(i) at least a majority of the time during ‘‘(ii) a residential subscriber residing in a community designated under section 1391, periods of maximum demand to each sub- dwelling located in a rural area or under- ‘‘(B) the District of Columbia Enterprise scriber who is utilizing such services, and served area which is not a saturated market, Zone established under section 1400, ‘‘(ii) in a manner substantially the same as and ‘‘(C) a renewal community designated such services are provided by the provider to ‘‘(B) with respect to the provision of next under section 1400E, or subscribers through equipment with respect generation broadband services— ‘‘(D) a low-income community designated to which no credit is allowed under sub- ‘‘(i) a nonresidential subscriber maintain- under section 45D. section (a)(1). ing a permanent place of business in a rural ‘‘(25) UNDERSERVED SUBSCRIBER.—The term ‘‘(B) ONLY CERTAIN INVESTMENT TAKEN INTO area or underserved area, or ‘underserved subscriber’ means a residential ACCOUNT.—Except as provided in subpara- ‘‘(ii) a residential subscriber. subscriber residing in a dwelling located in graph (C) or (D), equipment shall be taken ‘‘(16) RESIDENTIAL SUBSCRIBER.—The term an underserved area or nonresidential sub- into account under subparagraph (A) only to ‘residential subscriber’ means an individual scriber maintaining a permanent place of the extent it— who purchases broadband services which are business located in an underserved area. ‘‘(i) extends from the last point of switch- delivered to such individual’s dwelling. ‘‘(f) DESIGNATION OF CENSUS TRACTS.—The ing to the outside of the unit, building, ‘‘(17) RURAL AREA.—The term ‘rural area’ Secretary shall, not later than 90 days after dwelling, or office owned or leased by a sub- means any census tract which— the date of the enactment of this section, S11852 CONGRESSIONAL RECORD — SENATE November 14, 2001

designate and publish those census tracts (1) IN GENERAL.—Section 1033 (relating to other substances and is the ultimate pur- meeting the criteria described in paragraphs period within which property must be re- chaser of the gasoline, then subparagraph (A) (17), (20), and (24) of subsection (e). In making placed) is amended by redesignating sub- of this paragraph shall not apply and the such designations, the Secretary shall con- section (k) as subsection (l) and by inserting aerial or other applicator shall be treated as sult with such other departments and agen- after subsection (j) the following new sub- having used such gasoline on a farm for cies as the Secretary determines appro- section: farming purposes.’’. priate.’’. ‘‘(k) COMMERCIAL TREES DESTROYED BE- (b) EXEMPTION INCLUDES FUEL USED BE- (b) CREDIT TO BE PART OF INVESTMENT CAUSE OF CITRUS TREE CANKER.—In the case TWEEN AIRFIELD AND FARM.—Section CREDIT.—Section 46 (relating to the amount of commercial citrus trees which are 6420(c)(4), as amended by subsection (a), is of investment credit) is amended by striking compulsorily or involuntarily converted amended by adding at the end the following ‘‘and’’ at the end of paragraph (2), by strik- under a public order as a result of the citrus new flush sentence: ing the period at the end of paragraph (3) and tree canker, clause (i) of subsection (a)(2)(B) ‘‘For purposes of this paragraph, in the case inserting ‘‘, and’’, and by adding at the end shall be applied as if such clause reads: ‘4 of an aerial applicator, gasoline shall be the following: years after the close of the taxable year in treated as used on a farm for farming pur- ‘‘(4) the broadband credit.’’ which a State or Federal plant health au- poses if the gasoline is used for the direct (c) SPECIAL RULE FOR MUTUAL OR COOPERA- thority determines that the land on which flight between the airfield and 1 or more TIVE TELEPHONE COMPANIES.—Section such trees grew is free from the bacteria that farms.’’. 501(c)(12)(B) (relating to list of exempt orga- causes citrus tree canker’.’’. (c) EXEMPTION FROM TAX ON AIR TRANSPOR- nizations) is amended by striking ‘‘or’’ at the (2) EFFECTIVE DATE.—The amendments TATION OF PERSONS FOR FORESTRY PURPOSES end of clause (iii), by striking the period at made by paragraph (1) shall apply to taxable EXTENDED TO FIXED-WING AIRCRAFT.—Sub- the end of clause (iv) and inserting ‘‘, or’’, years beginning before, on, or after the date section (f) of section 4261 (relating to tax on and by adding at the end the following: of the enactment of this Act. air transportation of persons) is amended to ‘‘(v) from the sale of property subject to a (b) 10-YEAR RATABLE INCOME INCLUSION FOR read as follows: lease described in section 48A(c)(2)(B), but CITRUS CANKER TREE PAYMENTS.— ‘‘(f) EXEMPTION FOR CERTAIN USES.—No tax only to the extent such income does not in (1) IN GENERAL.—Part I of subchapter Q of shall be imposed under subsection (a) or (b) any year exceed an amount equal to the chapter 1 (relating to income averaging) is on air transportation— credit for qualified expenditures which would amended by inserting after section 1301 the ‘‘(1) by helicopter for the purpose of trans- be determined under section 48A for such following new section: porting individuals, equipment, or supplies year if the mutual or cooperative telephone ‘‘SEC. 1302. 10-YEAR RATABLE INCOME INCLU- in the exploration for, or the development or company was not exempt from taxation and SION FOR CITRUS CANKER TREE removal of, hard minerals, oil, or gas, or was treated as the owner of the property sub- PAYMENTS. ‘‘(2) by helicopter or by fixed-wing aircraft ‘‘(a) IN GENERAL.—At the election of the ject to such lease.’’. for the purpose of the planting, cultivation, taxpayer, any amount taken into account as (d) CONFORMING AMENDMENT.—The table of cutting, or transportation of, or caring for, income or gain by reason of receiving a cit- sections for subpart E of part IV of sub- trees (including logging operations), rus canker tree payment shall be included in chapter A of chapter 1 is amended by insert- but only if the helicopter or fixed-wing air- the income of the taxpayer ratably over the ing after the item relating to section 48 the craft does not take off from, or land at, a fa- 10–year period beginning with the taxable following: cility eligible for assistance under the Air- year in which the payment is received or ac- port and Airway Development Act of 1970, or ‘‘Sec. 48A. Broadband credit.’’. crued by the taxpayer. Any election under otherwise use services provided pursuant to (e) REGULATORY MATTERS.— the preceding sentence shall be irrevocable. section 44509 or 44913(b) or subchapter I of (1) PROHIBITION.—No Federal or State agen- ‘‘(b) CITRUS CANKER TREE PAYMENT.—For chapter 471 of title 49, United States Code, cy or instrumentality shall adopt regula- purposes of subsection (a), the term ‘citrus during such use. In the case of helicopter tions or ratemaking procedures that would canker tree payment’ means a payment transportation described in paragraph (1), have the effect of confiscating any credit or made to an owner of a commercial citrus this subsection shall be applied by treating portion thereof allowed under section 48A of grove to recover income that was lost as a each flight segment as a distinct flight.’’. the Internal Revenue Code of 1986 (as added result of the removal of commercial citrus (d) EFFECTIVE DATE.—The amendments by this section) or otherwise subverting the trees to control canker under the amend- made by this section shall apply to fuel use purpose of this section. ments to the citrus canker regulations (7 or air transportation after December 31, 2001, (2) TREASURY REGULATORY AUTHORITY.—It C.F.R. 301) made by the final rule published and before January 1, 2003. is the intent of Congress in providing the in the Federal Register by the Secretary of SEC. 906. RECOVERY PERIOD FOR CERTAIN WIRE- broadband credit under section 48A of the In- Agriculture on June 18, 2001 (66 Fed. Reg. LESS TELECOMMUNICATIONS ternal Revenue Code of 1986 (as added by this 32713, Docket No. 00-37-4).’’. EQUIPMENT. section) to provide incentives for the pur- (2) CLERICAL AMENDMENT.—The table of (a) 5-YEAR RECOVERY PERIOD FOR CERTAIN chase, installation, and connection of equip- sections for part I of subchapter Q of chapter WIRELESS TELECOMMUNICATIONS EQUIP- ment and facilities offering expanded 1 is amended by inserting after the item re- MENT.— broadband access to the Internet for users in lating to section 1301 the following new item: (1) IN GENERAL.—Subparagraph (A) of sec- certain low income and rural areas of the ‘‘Sec. 1302. 10-year ratable income inclu- tion 168(i)(2) (defining qualified techno- United States, as well as to residential users sion for citrus canker tree pay- logical equipment) is amended by striking nationwide, in a manner that maintains ments.’’. ‘‘and’’ at the end of clause (ii), by striking competitive neutrality among the various (3) EFFECTIVE DATE.—The amendments the period at the end of clause (iii) and in- classes of providers of broadband services. made by this subsection shall apply to pay- serting ‘‘, and’’, and by adding at the end the Accordingly, the Secretary of the Treasury ments made before, on, or after the date of following: shall prescribe such regulations as may be the enactment of this Act. ‘‘(iv) any wireless telecommunication necessary or appropriate to carry out the SEC. 904. ALLOWANCE OF ELECTRONIC 1099S. equipment.’’. purposes of section 48A of such Code, Except as otherwise provided by the Sec- (2) DEFINITION OF WIRELESS TELECOMMUNI- including— retary of the Treasury, any person required CATION EQUIPMENT.—Paragraph (2) of section (A) regulations to determine how and when to furnish a statement under any section of 168(i) is amended by adding at the end the a taxpayer that incurs qualified expenditures subpart B of part III of subchapter A of chap- following: satisfies the requirements of section 48A of ter 61 of the Internal Revenue Code of 1986 ‘‘(D) WIRELESS TELECOMMUNICATION EQUIP- such Code to provide broadband services, and for any taxable year ending after the date of MENT.—For purposes of this paragraph— (B) regulations describing the information, the enactment of this Act and before Janu- ‘‘(i) IN GENERAL.—The term ‘wireless tele- records, and data taxpayers are required to ary 1, 2003, may electronically furnish such communication equipment’ means equip- provide the Secretary to substantiate com- statement to any recipient who has con- ment which is— pliance with the requirements of section 48A sented to the electronic provision of the ‘‘(I) used in the transmission, reception, of such Code. statement in a manner similar to the one coordination, or switching of wireless tele- Until the Secretary prescribes such regula- permitted under regulations issued under communications service, and tions, taxpayers may base such determina- section 6051 of such Code or in such other ‘‘(II) placed in service before September 11, tions on any reasonable method that is con- manner as provided by the Secretary. 2002. sistent with the purposes of section 48A of SEC. 905. CLARIFICATION OF EXCISE TAX EXEMP- For purposes of this clause, the term ‘wire- such Code. TIONS FOR AGRICULTURAL AERIAL less telecommunications service’ includes (f) EFFECTIVE DATE.—The amendments APPLICATORS. any commercial mobile radio service as de- made by this section shall apply to expendi- (a) NO WAIVER BY FARM OWNER, TENANT, OR fined in title 47 of the Code of Federal Regu- tures incurred after December 31, 2001, and OPERATOR NECESSARY.—Subparagraph (B) of lations. before January 1, 2003. section 6420(c)(4) (relating to certain farming ‘‘(ii) EXCEPTION.—The term ‘wireless tele- SEC. 903. CITRUS TREE CANKER RELIEF. use other than by owner, etc.) is amended to communication equipment’ shall not include (a) EXPANSION OF PERIOD WITHIN WHICH read as follows: towers, buildings, T–1 lines, or other cabling CONVERTED CITRUS TREE PROPERTY MUST BE ‘‘(B) if the person so using the gasoline is which connects cell sites to mobile switching REPLACED.— an aerial or other applicator of fertilizers or centers.’’. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11853

(b) EFFECTIVE DATE.—The amendments fiscal years 2002 through 2011, provided in the implementation of such enhancements as made by this section shall apply to property conference report accompanying H. Con. Res. deemed necessary, as authorized by Section placed in service after September 10, 2001. 83, the concurrent resolution on the budget 405 of Public Law 107–56. SEC. 907. SPECIAL RULES FOR TAXATION OF LIFE for fiscal year 2002. LEGAL ACTIVITIES INSURANCE COMPANIES FOR 2001 (2) Amounts equal to the amounts of new SALARIES AND EXPENSES, UNITED STATES AND 2002. budget authority and outlays provided in MARSHALS SERVICE (a) REDUCTION IN MUTUAL LIFE INSURANCE this Act in excess of the allocations under COMPANY DEDUCTIONS NOT TO APPLY IN section 302(a) of the Congressional Budget For an additional amount for ‘‘Salaries 2001.— Act of 1974 to the Committee on Finance of and Expenses’’, $25,000,000. (1) IN GENERAL.—Section 809 (relating to re- the Senate for fiscal year 2002, the total of COURT SECURITY duction in certain deductions of material life fiscal years 2002 through 2006, and the total For an additional amount for ‘‘Court Secu- insurance companies) is amended by adding of fiscal years 2002 through 2011. rity’’, $25,000,000, to remain available until at the end the following: TITLE X—HOMELAND DEFENSE September 30, 2003. ‘‘(j) DIFFERENTIAL EARNINGS RATE TREATED CHAPTER 1 CONSTRUCTION AS ZERO FOR 2001.—Notwithstanding sub- For an additional amount for ‘‘Construc- section (c) or (f), the differential earnings DEPARTMENT OF AGRICULTURE tion’’, $36,000,000, to remain available until rate shall be treated as zero for purposes of OFFICE OF THE SECRETARY September 30, 2003. computing both the differential earnings For an additional amount for ‘‘Office of the FEDERAL BUREAU OF INVESTIGATION amount and the recomputed differential Secretary’’, $95,000,000. earnings amount for a mutual life insurance SALARIES AND EXPENSES DEPARTMENTAL ADMINISTRATION company’s first taxable year beginning in For an additional amount for ‘‘Salaries 2001.’’ For an additional amount for ‘‘Depart- and Expenses’’, $573,000,000, to remain avail- (2) EFFECTIVE DATE.—The amendment mental Administration’’, $20,000,000. able until September 30, 2003, for necessary made by this section shall apply to taxable OFFICE OF THE INSPECTOR GENERAL computer modernization and infrastructure years beginning after December 31, 2000. For an additional amount for ‘‘Office of the improvements. (b) DISTRIBUTIONS DURING 2002 TO SHARE- Inspector General’’, $15,000,000. DRUG ENFORCEMENT ADMINISTRATION HOLDERS FROM PRE-1984 POLICYHOLDERS SUR- AGRICULTURAL RESEARCH SERVICE SALARIES AND EXPENSES PLUS ACCOUNT.— (1) IN GENERAL.—Section 815 (relating to SALARIES AND EXPENSES For an additional amount for ‘‘Salaries distributions to shareholders from pre-1984 For an additional amount for ‘‘Salaries and Expenses’’, $600,000 for continuing ex- policyholders surplus account) is amended by and Expenses’’, $40,000,000. penses associated with the September 11, 2001 terrorist attacks, to remain available until adding at the end the following: ANIMAL AND PLANT HEALTH INSPECTION September 30, 2002, and $58,400,000 for com- ‘‘(g) SPECIAL RULES APPLICABLE DURING SERVICE 2002.—In the case of a stock life insurance munications interception, intelligence capa- company’s first taxable year beginning in SALARIES AND EXPENSES bilities, and increased security measures, to 2002— (INCLUDING TRANSFER OF FUNDS) remain available until September 30, 2003. ‘‘(1) the amount under subsection (a)(2) for For an additional amount for ‘‘Salaries IMMIGRATION AND NATURALIZATION SERVICE such taxable year shall be treated as zero, and Expenses’’, $267,100,000, of which SALARIES AND EXPENSES and $115,000,000 may be transferred and merged For an additional amount for ‘‘Salaries ‘‘(2) notwithstanding subsection (b), in de- with the Agriculture Quarantine Inspection and Expenses’’, $25,100,000, to remain avail- termining any subtractions from an account User Fee Account, and of which $108,000,000 able until September 30, 2003, for the Student under subsections (c)(3) and (d)(3), any dis- shall remain available until September 30, and Exchange Visitor Program (SEVP). tribution to shareholders during such tax- 2003. CONSTRUCTION able year shall be treated as made first out BUILDINGS AND FACILITIES of the policyholders surplus account, then For an additional amount for ‘‘Construc- For an additional amount for ‘‘Buildings out of the shareholders surplus account, and tion’’, $700,000,000, to remain available until and Facilities’’, $14,081,400, to remain avail- finally out of other accounts.’’ September 30, 2003, for construction, mainte- able until September 30, 2003. (2) EFFECTIVE DATE.—The amendment nance, repair and rehabilitation. made by this section shall apply to taxable FOOD SAFETY AND INSPECTION SERVICE OFFICE OF JUSTICE PROGRAMS years beginning after December 31, 2001. For an additional amount for ‘‘Food Safety JUSTICE ASSISTANCE and Inspection Service’’, $23,900,000. SEC. 908. NO IMPACT ON SOCIAL SECURITY For an additional amount for ‘‘Justice As- TRUST FUND. FOOD AND NUTRITION SERVICE sistance’’, $2,000,000,000, to remain available (a) IN GENERAL.—Nothing in this Act (or an SPECIAL SUPPLEMENTAL NUTRITION PROGRAM until September 30, 2003, for grants, coopera- amendment made by this Act) shall be con- FOR WOMEN, INFANTS, AND CHILDREN (WIC) tive agreements, and other assistance au- strued to alter or amend title II of the Social thorized by sections 819 and 821 of the Security Act (or any regulation promulgated For an additional amount for ‘‘Special Antiterrorism and Effective Death Penalty under that Act). Supplemental Nutrition Program for Act of 1996 and for other counter terrorism (b) TRANSFERS.— Women, Infants, and Children (WIC)’’, programs. (1) ESTIMATE OF SECRETARY.—The Sec- $39,000,000. retary of the Treasury shall annually esti- DEPARTMENT OF HEALTH AND HUMAN THE JUDICIARY mate the impact that the enactment of this SERVICES SUPREME COURT OF THE UNITED STATES Act has on the income and balances of the FOOD AND DRUG ADMINISTRATION CARE OF THE BUILDINGS AND GROUNDS trust funds established under section 201 of SALARIES AND EXPENSES For an additional amount for ‘‘Care of the the Social Security Act (42 U.S.C. 401). Building and Grounds’’, $20,000,000 for secu- (2) TRANSFER OF FUNDS.—If, under para- For an additional amount for ‘‘Salaries and Expenses’’, $164,300,000. rity upgrades and enhancements for the Su- graph (1), the Secretary of the Treasury esti- preme Court building, to remain available INDEPENDENT AGENCY mates that the enactment of this Act has a until September 30, 2003. negative impact on the income and balances COMMODITY FUTURES TRADING COMMISSION of the trust funds established under section COURTS OF APPEALS, DISTRICT COURTS, AND For an additional amount for ‘‘Commodity 201 of the Social Security Act (42 U.S.C. 401), OTHER JUDICIAL SERVICES Futures Trading Commission’’, $10,196,000. the Secretary shall transfer, not less fre- COURT SECURITY quently than quarterly, from the general CHAPTER 2 For an additional amount for ‘‘Court Secu- revenues of the Federal Government an DEPARTMENT OF JUSTICE rity’’, $36,000,000, to remain available until amount sufficient so as to ensure that the GENERAL ADMINISTRATION September 30, 2003. income and balances of such trust funds are LEGAL ACTIVITIES OFFICE AUTOMATION DEPARTMENT OF STATE AND RELATED not reduced as a result of the enactment of AGENCY this Act. For an additional amount for ‘‘Legal Ac- tivities Office Automation’’, $56,000,000, to DEPARTMENT OF STATE SEC. 909. EMERGENCY DESIGNATION. remain available until September 30, 2003. ADMINISTRATION OF FOREIGN AFFAIRS Congress designates as emergency require- ments pursuant to section 252(e) of the Bal- SECTION 405 PATRIOT ACT ACTIVITIES DIPLOMATIC AND CONSULAR PROGRAMS anced Budget and Emergency Deficit Control For necessary expenses for ‘‘Patriot Act For an additional amount for ‘‘Diplomatic Act of 1985 the following amounts: Activities’’, $100,000,000, to remain available and Consular Programs’’, $45,661,000, to re- (1) An amount equal to the amount by until September 30, 2003, for a report on the main available until September 30, 2002. In which revenues are reduced by this Act feasibility of enhancing the Integrated Auto- addition, for an additional amount for the below the recommended levels of Federal mated Fingerprint Identification System costs of worldwide security upgrades, revenues for fiscal year 2002, the total of fis- (IAFIS) of the Federal Bureau of Investiga- $182,900,000, to remain available until Sep- cal years 2002 through 2006, and the total of tion and other identification systems and for tember 30, 2003. S11854 CONGRESSIONAL RECORD — SENATE November 14, 2001 RELATED AGENCY and memorials within the National Capital posed on airport operators by the Adminis- BROADCASTING BOARD OF GOVERNORS Region. trator on or after September 11, 2001, $1,000,000,000. INTERNATIONAL BROADCASTING OPERATIONS CHAPTER 5 FEDERAL RAILROAD ADMINISTRATION For an additional amount for ‘‘Inter- DEPARTMENT OF HEALTH AND HUMAN national Broadcasting Operations’’, SERVICES SAFETY AND OPERATIONS $4,700,000. OFFICE OF THE SECRETARY For an additional amount to enable the RELATED AGENCY PUBLIC HEALTH AND SOCIAL SERVICES Federal Railroad Administrator to make EMERGENCY FUND grants for the purpose of enhancing security DEPARTMENT OF TRANSPORTATION of the nation’s freight railroads, $50,000,000. MARITIME ADMINISTRATION For an additional amount for emergency expenses necessary to support activities re- CAPITAL GRANTS TO THE NATIONAL RAILROAD OPERATIONS AND TRAINING lated to countering potential biological, dis- PASSENGER CORPORATION For an additional amount for ‘‘Operations ease, and chemical threats to civilian popu- For an additional amount of necessary ex- and Training’’, $11,000,000, to remain avail- lations, for ‘‘Public Health and Social Serv- penses of capital improvements of the Na- able until September 30, 2003, for a port secu- ices Emergency Fund’’, $3,311,000,000. Of this tional Railroad Passenger Corporation as au- rity program. Of this amount, $6,000,000 shall amount, $1,302,000,000 shall be for the Centers thorized by 49 U.S.C. 24104(a), $760,062,000. be for port assessments and $5,000,000 shall be for Disease Control and Prevention for im- FEDERAL TRANSIT ADMINISTRATION for security personnel training. proving State and local capacity; $50,000,000 FORMULA GRANTS shall be for grants to hospitals for improving MARITIME GUARANTEED LOAN (TITLE XI) For an additional amount to enable the response capabilities; $90,000,000 shall be for PROGRAM ACCOUNT Federal Transit Administrator to make for- upgrading capacity at the centers for Disease For an additional amount for the ‘‘Mari- mula grants to the nation’s transit systems Control and Prevention; $83,000,000 shall be time Guaranteed Loan Program Account’’, for the purpose of enhancing security at said for improving disaster response teams and $12,000,000, to remain available until Sep- systems, $500,000,000: Provided, That the pro- the Office of the Secretary; $116,000,000 shall tember 30, 2003, for port security infra-struc- visions of 49 U.S.C. 5307(e) and 49 U.S.C. be for research and development on vaccines, ture upgrades and equipment. 5311(g)(2) shall not apply to funds made antibiotics and anti-virals; $4,000,000 shall be CHAPTER 3 available under this paragraph. for training and education regarding effec- DEPARTMENT OF DEFENSE—CIVIL tive workplace responses to bioterrorism; CAPITAL INVESTMENT GRANTS DEPARTMENT OF THE ARMY CORPS OF $593,000,000 shall be for the National Pharma- For an additional amount to enable the ENGINEERS—CIVIL ceutical Stockpile; $1,000,000,000 shall be for Federal Transit Administrator to make dis- cretionary grants to the nation’s transit sys- OPERATION AND MAINTENANCE, GENERAL the purchase and deployment of the smallpox vaccine; and $73,000,000 shall be for improv- tems for the purpose of enhancing security For an additional amount for ‘‘Operation ing laboratory security at the National In- at said systems and for the operation and and Maintenance, General’’, $150,000,000 for stitutes of Health and the centers for Disease capital expansion of systems severely im- increased security at critical Corps of Engi- Control and Prevention. At the discretion of pacted by the September 11, 2001, terrorist neers owned and operated facilities. the Secretary, these amounts may be trans- attacks on the United States, $750,000,000: DEPARTMENT OF THE INTERIOR ferred between categories subject to normal Provided, That in administering funds made BUREAU OF RECLAMATION WATER AND reprogramming procedures. available under this paragraph, the Federal RELATED RESOURCES CHAPTER 6 Transit Administrator shall consult with other appropriate federal agencies so as to For an additional amount for ‘‘Water and DEPARTMENT OF TRANSPORTATION Related Resources’’, $35,000,000, to enhance direct funds to the most vulnerable and most OFFICE OF THE SECRETARY OF preparedness for possible attacks against Bu- severely impacted transit systems: Provided TRANSPORTATION reau of Reclamation dams, power plants, and further, That the provisions of 49 U.S.C. other critical features. SALARIES AND EXPENSES 5309(h) shall not apply to funds made avail- able under this paragraph. DEPARTMENT OF ENERGY For necessary expenses for aviation secu- rity activities, $1,200,000,000: Provided, That CHAPTER 7 ATOMIC ENERGY DEFENSE ACTIVITIES not to exceed $1,200,000,000 in fees authorized DEPARTMENT OF THE TREASURY NATIONAL NUCLEAR SECURITY for this purpose shall be credited to this ap- UNITED STATES CUSTOMS SERVICE ADMINISTRATION propriation as offsetting collections and use SALARIES AND EXPENSES WEAPONS ACTIVITIES for necessary and authorized expenses under For an additional amount for ‘‘Salaries For an additional amount for ‘‘Weapons this heading: Provided further, That the Sec- and Expenses’’, $327,000,000 shall be available Activities’’, $294,000,000 to increase the secu- retary of Transportation may transfer until September 30, 2003; of this amount, not rity of the Nation’s nuclear weapons com- amounts made available under this heading to exceed $125,000,000 shall be available for plex. to other federal agencies consistent with au- thorizing law governing aviation security ac- the procurement and deployment of non-in- DEFENSE NUCLEAR NONPROLIFERATION tivities: Provided further, That no funds pro- trusive and counterterrorism inspection For an additional amount for ‘‘Defense Nu- vided under this heading shall be available technology; $31,070,000 shall be available for clear Non-proliferation’’, $205,000,000 for non- for obligation unless an act authorizing the increased staffing to combat terrorism; not proliferation and verification research and collection of such fees and the crediting of less than $77,500,000 shall be available for development, international material protec- such fees to serve as offsetting collections to equipment and infrastructure improvements tion, control, and accounting, and other non- the appropriation account for aviation secu- to combat terrorism; of which not less than proliferation safety and security upgrades. rity activities is enacted into law. $68,130,000 shall be available for seaport secu- rity; of which not to exceed $25,300,000 shall INDEPENDENT AGENCY COAST GUARD be used to establish a backup data center. NUCLEAR REGULATORY COMMISSION OPERATING EXPENSES U.S. POSTAL SERVICE SALARIES AND EXPENSES For an additional amount for the operation PAYMENT TO THE POSTAL SERVICE FUND For an additional amount for ‘‘Salaries and maintenance of the Coast Guard, not and Expenses’’, $15,000,000 to enhance secu- otherwise provided for, $70,000,000. For an additional payment to the Postal Service Fund to enable the Postal Service to rity at the Nation’s nuclear power plants. FEDERAL AVIATION ADMINISTRATION build and establish a system for sanitizing CHAPTER 4 OPERATIONS and screening mail matter, to protect postal DEPARTMENT OF THE INTERIOR For an additional amount for necessary ex- employees and postal customers from expo- BUREAU OF LAND MANAGEMENT penses of the Federal Aviation Administra- sure to biohazardous material, and to replace tion, not otherwise provided for, $10,000,000. MANAGEMENT OF LANDS AND RESOURCES or repair Postal Service facilities destroyed RESEARCH, ENGINEERING, AND DEVELOPMENT or damaged in New York City as a result of For expenses necessary for the protection (AIRPORT AND AIRWAY TRUST FUND) the September 11, 2001, terrorist attacks, and use of the Dalton Highway and the $1,120,000,000, to remain available until Sep- Trans-Alaska Pipeline System, $4,500,000: For an additional amount for necessary ex- tember 30, 2003. Provided, That of that amount, up to penses for research, engineering, and devel- $4,250,000 may be made available to the State opment, $100,000,000, to be derived from the INDEPENDENT AGENCY of Alaska to assist the Federal Government Airport and Airway Trust Fund. GENERAL SERVICES ADMINISTRATION in its security functions. GRANTS-IN-AID FOR AIRPORTS REAL PROPERTY ACTIVITIES NATIONAL PARK SERVICE (AIRPORT AND AIRWAY TRUST FUND) FEDERAL BUILDINGS FUND CONSTRUCTION To enable the Federal Aviation Adminis- LIMITATION ON AVAILABILITY OF REVENUE For an additional amount for ‘‘Construc- trator to compensate airports for a portion For an additional amount, and to be depos- tion’’, $13,500,000, for the installation of per- of the direct costs associated with new, addi- ited into the Federal Buildings Fund, manent protective barriers at monuments tional or revised security requirements im- $85,000,000, for Capital Improvements to November 14, 2001 CONGRESSIONAL RECORD — SENATE S11855 United States-Canada and United States- the Office of Management and Budget shall Such term does not include expenses for Mexico Border Facilities: Provided, That have final authority to determine which of meals, entertainment, amusement, or recre- these funds shall not be available for ex- the candidate projects shall be funded. ation. penses in connection with a construction, re- CHAPTER 8 ‘‘(2) QUALIFYING PERSONAL TRIP.— pair, alteration, or acquisition project for ‘‘(A) IN GENERAL.—The term ‘qualifying INDEPENDENT AGENCY which a prospectus, if required by the Public personal trip’ means travel within the Buildings Act of 1959, as amended, has not FEDERAL EMERGENCY MANAGEMENT AGENCY United States (including the Commonwealth been approved, except that necessary funds EMERGENCY MANAGEMENT PLANNING AND of Puerto Rico and the possessions of the may be expended for required expenses in ASSISTANCE United States)— connection with the development of a pro- For an additional amount for ‘‘Emergency ‘‘(i) the farthest destination of which is at posed prospectus. management planning and assistance’’, least 100 miles from the taxpayer’s residence, FUNDS APPROPRIATED TO THE PRESIDENT $600,000,000 for programs as authorized by ‘‘(ii) involves an overnight stay at a com- INFORMATION TECHNOLOGY SYSTEMS TO EN- section 33 of the Federal Fire Prevention and mercial lodging facility and HANCE HOMELAND DEFENSE AND INFORMATION Control Act of 1974, as amended (15 U.S.C. ‘‘(iii) which is taken on or after the date of SECURITY 2201 et seq.): Provided, That up to 5 percent of the enactment of this section. ‘‘(B) ONLY PERSONAL TRAVEL INCLUDED.— (INCLUDING TRANSFER OF FUNDS) this amount shall be transferred to ‘‘Salaries and expenses’’ for program administration. Such term shall not include travel if, with- For an additional amount for expenses re- out regard to this section, any expenses in lated to improving Federal agency informa- CHAPTER 9 connection with such travel are deductible in tion technology systems associated with GENERAL PROVISION, THIS TITLE connection with a trade or business or activ- homeland defense and information security, SEC. 901. No part of any appropriation ity for the production of income. $1,000,000,000, to remain available until Sep- contained in this title shall remain available ‘‘(3) COMMERCIAL LODGING FACILITY.—The tember 30, 2003: Provided, That these projects for obligation beyond the current fiscal year term ‘commercial lodging facility’ includes may include, but are not limited to, efforts unless expressly so provided herein. any hotel, motel, resort, rooming house, or to improve the Federal Government’s infor- campground. mation security systems; to protect critical ‘‘(d) SPECIAL RULES.— infrastructure; to provide stronger defenses SA 2126. Mr. KYL submitted an amendment intended to be proposed by ‘‘(1) DENIAL OF CREDIT TO DEPENDENTS.—No against natural and man-made threats to the credit shall be allowed under this section to nation; and to enable Federal agencies to him to the bill H.R. 3090, to provide tax any individual with respect to whom a de- take advantage of information technology in incentives for economic recovery; duction under section 151 is allowable to an- sharing information and conducting trans- which was ordered to lie on the table; other taxpayer for a taxable year beginning actions with one another and with state and as follows: in the calendar year in which such individ- local governments in furtherance of the At the appropriate place insert the fol- ual’s taxable year begins. above goals: Provided further, That the funds lowing: ‘‘(2) EXPENSES MUST BE SUBSTANTIATED.— made available shall be transferred, as nec- SEC. ll. PERMANENT REPEAL OF ESTATE No credit shall be allowed by subsection (a) essary, by the Director of the Office of Man- unless the taxpayer substantiates by ade- agement and Budget to all affected Federal TAXES. Section 901 of the Economic Growth and quate records or by sufficient evidence cor- Departments and Agencies, for expenses nec- roborating the taxpayer’s own statement the essary to ensure that information tech- Tax Relief Reconciliation Act of 2001 is amended— amount of the expenses described in sub- nology that is used or acquired by the Fed- section (c)(1). eral government meets one or more of these (1) by striking ‘‘this Act’’ and all that fol- lows through ‘‘2010.’’ in subsection (a) and in- ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No de- goals: Provided further, That none of the duction shall be allowed under this chapter serting ‘‘this Act (other than title V) shall funds provided under this heading may be for any expense for which credit is allowed not apply to taxable, plan, or limitation transferred to any Department or Agency under this section.’’. years beginning after December 31, 2010.’’, until fifteen days after the Director of the (b) CONFORMING AMENDMENTS.— Office of Management and Budget has sub- and (1) Section 24(b)(3)(B), as added and amend- mitted to the House and Senate Committees (2) by striking ‘‘, estates, gifts, and trans- ed by the Economic Growth and Tax Relief on Appropriations, the House Committee on fers’’ in subsection (b). Reconciliation Act of 2001, is amended by Government Reform and the Senate Govern- striking ‘‘23 and 25B’’ and inserting ‘‘23, 25B, mental Affairs Committee a proposed alloca- SA 2127. Mr. KYL submitted an and 25C’’. tion and plan for that Department or Agency amendment intended to be proposed by (2) Section 25(e)(1)(C) is amended by strik- to improve information technology systems: him to the bill H.R. 3090, to provide tax ing ‘‘23 and 1400C’’ and by inserting ‘‘23, 25C, Provided further, That the transfer authority incentives for economic recovery; and 1400C’’. provided in this paragraph is in addition to which was ordered to lie on the table; (3) Section 25(e)(1)(C), as amended by the any other transfer authority contained else- as follows: Economic Growth and Tax Relief Reconcili- where in this or any other Act. ation Act of 2001, is amended by inserting At the appropriate place insert the fol- The Director of the Office of Management ‘‘25C,’’ after ‘‘25B,’’. lowing: and Budget shall establish procedures for ac- (4) Section 25B, as added by the Economic cepting and reviewing proposals for funding, SEC. ll. PERSONAL TRAVEL CREDIT. Growth and Tax Relief Reconciliation Act of and shall consult with interagency councils, (a) IN GENERAL.—Subpart A of part IV of 2001, is amended by striking ‘‘section 23’’ and including the Chief Information Officers subchapter A of chapter 1 (relating to non- inserting ‘‘sections 23 and 25C’’. Council, the Chief Financial Officers Coun- refundable personal credits) is amended by (5) Section 26(a)(1), as amended by the Eco- cil, and procurement councils, in estab- inserting after section 25B the following new nomic Growth and Tax Relief Reconciliation lishing procedures and reviewing proposals. section: Act of 2001, is amended by striking ‘‘and 25B’’ When reviewing proposals, the Director of ‘‘SEC. 25C. PERSONAL TRAVEL CREDIT. and inserting ‘‘25B, and 25C’’. the Office of Management and Budget shall ‘‘(a) ALLOWANCE OF CREDIT.—In the case of (6) Section 1400C(d) is amended by insert- observe and incorporate the following an individual, there shall be allowed as a ing ‘‘and section 25C’’ after ‘‘this section’’. procedures— credit against the tax imposed by this chap- (7) Section 1400C(d), as amended by the (1) a project requiring substantial involve- ter for the taxable year an amount equal to Economic Growth and Tax Relief Reconcili- ment or funding from a Department must be the qualified personal travel expenses which ation Act of 2001, is amended by striking approved by a senior official with agency- are incurred and paid by the taxpayer on or ‘‘and 25B’’ and inserting ‘‘25B, and 25C’’. wide authority on behalf of the Secretary or after the date of the enactment of this sec- (8) The table of sections for subpart A of agency head, who shall report directly to the tion and before January 1, 2002. part IV of subchapter A of chapter 1 is Secretary or agency head; (2) agencies must demonstrate measurable ‘‘(b) MAXIMUM CREDIT.—The credit allowed amended by inserting before the item relat- mission benefits commensurate with the pro- to a taxpayer under subsection (a) for any ing to section 26 the following new item: taxable year shall not exceed $500 ($1,000, in posed costs; ‘‘Sec. 25C. Personal travel credit.’’. (3) funded projects must adhere to funda- the case of a joint return). ‘‘(c) QUALIFIED PERSONAL TRAVEL EX- (c) EFFECTIVE DATE.—The amendments mental capital planning and processes; made by this section shall apply to taxable (4) agencies must assess the results of PENSES.—For purposes of this section— years ending after the date of the enactment funded projects; ‘‘(1) IN GENERAL.—The term ‘qualified per- of this Act. (5) agencies shall identify in their pro- sonal travel expenses’ means reasonable ex- posals resource commitments from any other penses in connection with 1 qualifying per- Mrs. LINCOLN submitted an sonal trip away from the taxpayer’s resi- SA 2128. agencies involved, and shall include plans for amendment intended to be proposed by potential continuation of projects after dence for— funds from this appropriation are exhausted; ‘‘(A) travel by aircraft, rail, watercraft, or her to the bill H.R. 3090, to provide tax and motor vehicle, and incentives for economic recovery; (6) after considering the recommendations ‘‘(B) lodging while away from home at any which was ordered to lie on the table; to the interagency councils, the Director of commercial lodging facility. as follows: S11856 CONGRESSIONAL RECORD — SENATE November 14, 2001

At the end add the following: Sec. 1154. Exception to application of step (2) SUBSECTION (b).—The amendments made TITLE XI—SUBCHAPTER S transaction doctrine for re- by subsection (b) shall apply to elections and MODERNIZATION structuring in connection with terminations made after December 31, 2001. making qualified subchapter S SEC. 1112. NONRESIDENT ALIENS ALLOWED TO SEC. 1101. SHORT TITLE; TABLE OF CONTENTS. subsidiary elections. BE SHAREHOLDERS. (a) SHORT TITLE.—This title may be cited SUBTITLE F—ADDITIONAL PROVISIONS (a) NONRESIDENT ALIENS ALLOWED TO BE as the ‘‘Subchapter S Modernization Act of SHAREHOLDERS.— Sec. 1161. Elimination of all earnings and 2001’’. (1) IN GENERAL.—Paragraph (1) of section profits attributable to pre-1983 (b) TABLE OF CONTENTS.—The table of con- 1361(b) (defining small business corporation) years. tents is as follows: Sec. 1162. No gain or loss on deferred inter- is amended— Sec. 1101. Short title; table of contents. company transactions because (A) by adding ‘‘and’’ at the end of subpara- graph (B), Subtitle A—Eligible Shareholders of an S of conversion to S corporation (B) by striking subparagraph (C), and Corporation or qualified S corporation sub- (C) by redesignating subparagraph (D) as Sec. 1111. Members of family treated as 1 sidiary. Sec. 1163. Treatment of charitable contribu- subparagraph (C). shareholder. tion and foreign tax credit (2) CONFORMING AMENDMENTS.—Paragraph Sec. 1112. Nonresident aliens allowed to be carryforwards. (4) and (5)(A) of section 1361(c) (relating to shareholders. Sec. 1164. Distributions by an S corporation special rules for applying subsection (b)) are Sec. 1113. Expansion of bank S corporation to an employee stock ownership each amended by striking ‘‘subsection eligible shareholders to include plan. (b)(1)(D)’’ and inserting ‘‘subsection IRAs. Sec. 1165. Special rules of application. (b)(1)(C)’’. Sec. 1114. Increase in number of eligible (b) NONRESIDENT ALIEN SHAREHOLDER Subtitle A—Eligible Shareholders of an S TREATED AS ENGAGED IN TRADE OR BUSINESS shareholders to 150. Corporation WITHIN UNITED STATES.— Subtitle B—Qualification and Eligibility SEC. 1111. MEMBERS OF FAMILY TREATED AS 1 Requirements of S Corporations (1) IN GENERAL.—Section 875 is amended— SHAREHOLDER. (A) by striking ‘‘and’’ at the end of para- Sec. 1121. Issuance of preferred stock per- (a) IN GENERAL.—Paragraph (1) of section graph (1), 1361(c) (relating to special rules for applying mitted. (B) by striking the period at the end of subsection (b)) is amended to read as follows: Sec. 1122. Safe harbor expanded to include paragraph (2) and inserting ‘‘, and’’, and ‘‘(1) MEMBERS OF FAMILY TREATED AS 1 convertible debt. (C) by adding at the end the following new SHAREHOLDER.— Sec. 1123. Repeal of excessive passive invest- paragraph: ‘‘(A) IN GENERAL.—For purpose of sub- ment income as a termination ‘‘(3) a nonresident alien individual shall be section (b)(1)(A)— event. considered as being engaged in a trade or ‘‘(i) except as provided in clause (ii), a hus- Sec. 1124. Modifications to passive income business within the United States if the S band and wife (and their estates) shall be rules. corporation of which such individual is a treated as 1 shareholder, and Sec. 1125. Adjustment to basis of S corpora- shareholder is so engaged.’’. ‘‘(ii) in the case of a family with respect to tion stock for certain chari- (2) APPLICATION OF WITHHOLDING TAX ON which an election is in effect under subpara- table contributions. NONRESIDENT ALIEN SHAREHOLDERS.—Section graph (E), all members of the family shall be 1446 (relating to withholding tax on foreign SUBTITLE C—TREATMENT OF S CORPORATION treated as 1 shareholder. partners’ share of effectively connected in- SHAREHOLDERS ‘‘(B) MEMBERS OF THE FAMILY.—For pur- come) is amended by redesignating sub- Sec. 1131. Treatment of losses to share- pose of subparagraph (A)(ii), the term ‘mem- section (f) as subsection (g) and by inserting holders. bers of the family’ means the common ances- after subsection (e) the following new sub- Sec. 1132. Transfer of suspended losses inci- tor, lineal descendants of the common ances- section: dent to divorce. tor and the spouses (or former spouses) of ‘‘(f) S CORPORATION TREATED AS PARTNER- Sec. 1133. Use of passive activity loss and at- such lineal descendants or common ancestor. SHIP, ETC.—For purposes of this section— ‘‘(C) COMMON ANCESTOR.—For purposes of risk amounts by qualified sub- ‘‘(1) an S corporation shall be treated as a this paragraph, an individual shall not be chapter S trust income bene- partnership, considered a common ancestor if, as of the ficiaries. ‘‘(2) the shareholders of such corporation later of the effective date of this paragraph Sec. 1134. Deductibility of interest expense shall be treated as partners of such partner- or the time the election under section 1362(a) incurred by an electing small ship, is made, the individual is more than 6 gen- business trust to acquire S cor- ‘‘(3) any reference to section 704 shall be poration stock. erations removed from the youngest genera- tion of shareholders. treated as a reference to section 1366, and Sec. 1135. Disregard of unexercised powers of ‘‘(4) no withholding tax under subsection appointment in determining po- ‘‘(D) EFFECT OF ADOPTION, ETC.—In deter- mining whether any relationship specified in (a) shall be required in the case of any in- tential current beneficiaries of come realized by such corporation and allo- ESBT. subparagraph (B) or (C) exists, the rules of section 152(b)(2) shall apply. cable to a shareholder which is an electing Sec. 1136. Clarification of electing small small business trust (as defined in section business trust distribution ‘‘(E) ELECTION.—An election under sub- paragraph (A)(ii)— 1361(e)).’’. rules. (3) CONFORMING AMENDMENTS.— Sec. 1137. Allowance of charitable contribu- ‘‘(i) must be made with the consent of shareholders (including those that are family (A) The heading of section 875 is amended tions deduction for electing to read as follows: small business trusts. members) holding in the aggregate more than one-half of the shares of stock in the ‘‘SEC. 875. PARTNERSHIPS; BENEFICIARIES OF Sec. 1138. Shareholder basis not increased by corporation on the day the election is made, ESTATES AND TRUSTS; S CORPORA- income derived from cancella- ‘‘(ii) in the case of— TIONS.’’. tion of S corporation’s debt. ‘‘(I) an electing small business trust, shall (B) The heading of section 1446 is amended Sec. 1139. Back to back loans as indebted- be made by the trustee of the trust, and to read as follows: ness. ‘‘(II) a qualified subchapter S trust, shall ‘‘SEC. 1446. WITHHOLDING TAX ON FOREIGN SUBTITLE D—EXPANSION OF S CORPORATION be made by the beneficiary of the trust, PARTNERS’ AND S CORPORATION ELIGIBILITY FOR BANKS. SHAREHOLDERS’ SHARE OF EFFEC- ‘‘(iii) under regulations, shall remain in ef- TIVELY CONNECTED INCOME.’’. fect until terminated, and Sec. 1141. Exclusion of investment securities (4) CLERICAL AMENDMENTS.— income from passive income ‘‘(iv) shall apply only with respect to 1 (A) The item relating to section 875 in the test for bank S corporations. family in any corporation.’’. table of sections for subpart A of part II of (b) RELIEF FROM INADVERTENT INVALID Sec. 1142. Treatment of qualifying director subchapter N of chapter 1 is amended to read ELECTION OR TERMINATION.—Section 1362(f) shares. as follows: Sec. 1143. Recapture of bad debt reserves. (relating to inadvertent invalid elections or terminations), as amended by section 1151, is ‘‘Sec. 875. Partnerships; beneficiaries of es- SUBTITLE E—QUALIFIED SUBCHAPTER S amended— tates and trusts; S corpora- SUBSIDIARIES (1) by inserting ‘‘or under section tions.’’. Sec. 1151. Relief from inadvertently invalid 1361(c)(1)(A)(ii)’’ after ‘‘section (B) The item relating to section 1446 in the qualified subchapter S sub- 1361(b)(3)(B)(ii)’’ in paragraph (1), and table of sections for subchapter A of chapter sidiary elections and termi- (2) by inserting ‘‘or under section 3 is amended to read as follows: nations. 1361(c)(1)(E)(iii)’’ after ‘‘section 1361(b)(3)(C)’’ ‘‘Sec. 1446 Withholding tax on foreign part- Sec. 1152. Information returns for qualified in paragraph (1)(B). ners’ and S corporation share- subchapter S subsidiaries. (c) EFFECTIVE DATES.— holders’ share of effectively Sec. 1153. Treatment of the sale of interest (1) SUBSECTION (a).—The amendment made connected income.’’. in a qualified subchapter S sub- by subsection (a) shall apply to taxable years (C) PERMANENT ESTABLISHMENT OF PART- sidiary. beginning after December 31, 2001. NERS AND S CORPORATION SHAREHOLDERS.— November 14, 2001 CONGRESSIONAL RECORD — SENATE S11857

Section 894 (relating to income affected by (c) SALE OF STOCK IN IRA RELATING TO S graph (2) and inserting ‘‘, and’’, and by add- treaty) is amended by redesignating sub- CORPORATION ELECTION EXEMPT FROM PRO- ing at the end the following new paragraph: section (c) as subsection (d) and by inserting HIBITED TRANSACTION RULES.—Section 4975(d) ‘‘(3) no amount of an expense deductible after subsection (b) the following new sub- (relating to exemptions) is amended by under this subchapter by reason of section section: striking ‘‘or’’ at the end of paragraph (14), by 1361(f)(3) shall be apportioned or allocated to ‘‘(c) PERMANENT ESTABLISHMENT OF PART- striking the period at the end of paragraph such income.’’. NERS AND S CORPORATION SHAREHOLDERS.—If (15) and inserting ‘‘; or’’, and by adding at (c) EFFECTIVE DATE.—The amendments a partnership or S corporation has a perma- the end the following new paragraph: made by this section shall apply to taxable nent establishment in the United States ‘‘(16) a sale of stock held by a trust which years beginning after December 31, 2001. (within the meaning of a treaty to which the constitutes an individual retirement account SEC. 1122. SAFE HARBOR EXPANDED TO INCLUDE United States is a party) at any time during under section 408(a) to the individual for CONVERTIBLE DEBT. a taxable year of such entity, a nonresident whose benefit such account is established if (a) IN GENERAL.—Subparagraph (B) of sec- alien individual or foreign corporation which such sale is pursuant to an election under tion 1361(c)(5) (defining straight debt) is is a partner in such partnership, or a non- section 1362(a).’’. amended by striking clauses (ii) and (iii) and resident alien individual who is a share- (d) CONFORMING AMENDMENT.—Section inserting the following new clauses: holder in such S corporation, shall be treated 512(e)(1) is amended by inserting ‘‘(ii) in any case in which the terms of such as having a permanent establishment in the ‘‘1361(c)(2)(A)(vi) or’’ before ‘‘1361(c)(6)’’. United States for purposes of such treaty.’’. promise include a provision under which the (e) EFFECTIVE DATE.—The amendments (c) APPLICATION OF OTHER WITHHOLDING obligation to pay may be converted (directly made by this section shall apply to trusts TAX RULES ON NONRESIDENT ALIEN SHARE- or indirectly) into stock of the corporation, which constitute individual retirement ac- HOLDERS.— such terms, taken as a whole, are substan- counts on the date of the enactment of this (1) SECTION 1441.—Section 1441 (relating to tially the same as the terms which could Act. withholding of tax on nonresident aliens) is have been obtained on the effective date of amended by redesignating subsection (g) as SEC. 1114. INCREASE IN NUMBER OF ELIGIBLE the promise from a person which is not a re- subsection (h) and by inserting after sub- SHAREHOLDERS TO 150. lated person (within the meaning of section section (f) the following new subsection: (a) IN GENERAL.—Section 1361(b)(1)(A) (de- 465(b)(3)(C)) to the S corporation or its share- ‘‘(g) S CORPORATION TREATED AS PARTNER- fining small business corporation) is amend- holders, and SHIP, ETC.—For purposes of this section— ed by striking ‘‘75’’ and inserting ‘‘150’’. ‘‘(iii) the creditor is— ‘‘(1) an S corporation shall be treated as a (b) EFFECTIVE DATE.—The amendment ‘‘(I) an individual, partnership, made by this section shall apply to taxable ‘‘(II) an estate, ‘‘(2) the shareholders of such corporation years beginning after December 31, 2001. ‘‘(III) a trust described in paragraph (2), shall be treated as partners of such partner- Subtitle B—Qualification and Eligibility ‘‘(IV) an exempt organization described in ship, and Requirements of S Corporations paragraph (6), or ‘‘(3) no deduction or withholding under SEC. 1121. ISSUANCE OF PREFERRED STOCK PER- ‘‘(V) a person which is actively and regu- subsection (a) shall be required in the case of MITTED. larly engaged in the business of lending any item of income realized by such corpora- (a) IN GENERAL.—Section 1361 (defining S money.’’. tion and allocable to a shareholder which is corporation) is amended by adding at the end (b) EFFECTIVE DATE.—The amendment an electing small business trust (as defined the following new subsection: made by this section shall apply to taxable in section 1361(e)).’’. ‘‘(f) TREATMENT OF QUALIFIED PREFERRED years beginning after December 31, 2001. (2) SECTION 1445.—Section 1445(e) (relating STOCK.— SEC. 1123. REPEAL OF EXCESSIVE PASSIVE IN- to special rules relating to distributions, ‘‘(1) IN GENERAL.—For purposes of this VESTMENT INCOME AS A TERMI- etc., by corporations, partnerships, trusts, or subchapter— NATION EVENT. estates) is amended by redesignating para- ‘‘(A) qualified preferred stock shall not be (a) IN GENERAL.—Section 1362(d) (relating graph (6) as paragraph (7) and by inserting treated as a second class of stock, and to termination) is amended by striking para- after paragraph (5) the following new para- ‘‘(B) no person shall be treated as a share- graph (3). graph: holder of the corporation by reason of hold- (b) CONFORMING AMENDMENTS.— ‘‘(6) S CORPORATION TREATED AS PARTNER- ing qualified preferred stock. (1) Section 1362(f)(1) is amended by striking SHIP, ETC.—For purposes of this section— ‘‘(2) QUALIFIED PREFERRED STOCK DE- ‘‘or (3)’’. ‘‘(A) an S corporation shall be treated as a FINED.—For purposes of this subsection, the (2) Clause (i) of section 1042(c)(4)(A) is partnership, and term ‘qualified preferred stock’ means stock amended by striking ‘‘section 1362(d)(3)(C)’’ ‘‘(B) the shareholders of such corporation which meets the requirements of subpara- and inserting ‘‘section 1375(b)(4)’’. shall be treated as partners of such partner- graphs (A), (B), and (C) of section 1504(a)(4). (c) EFFECTIVE DATE.—The amendments ship, and Stock shall not fail to be treated as qualified made by this section shall apply to taxable ‘‘(C) no deduction or withholding under preferred stock merely because it is convert- years beginning after December 31, 2001. subsection (a) shall be required in the case of ible into other stock. SEC. 1124. MODIFICATIONS TO PASSIVE INCOME any gain realized by such corporation and al- ‘‘(3) DISTRIBUTIONS.—A distribution (not in RULES. locable to a shareholder which is an electing part or full payment in exchange for stock) (a) INCREASED LIMIT.— small business trust (as defined in section made by the corporation with respect to (1) IN GENERAL.—Subsection (a)(2) of sec- 1361(e)).’’. qualified preferred stock shall be includible tion 1375 (relating to tax imposed when pas- (d) CONFORMING AMENDMENT.—Section as ordinary income of the holder and deduct- sive investment income of corporation hav- 1361(e)(2) is amended by inserting ‘‘(including ible to the corporation as an expense in com- ing accumulated earnings and profits ex- a nonresident alien)’’ after ‘‘person’’ the first puting taxable income under section 1363(b) ceeds 25 percent of gross receipts) is amended place it appears. in the year such distribution is received.’’. by striking ‘‘25 percent’’ and inserting ‘‘60 (e) EFFECTIVE DATE.—The amendments (b) CONFORMING AMENDMENTS.— percent’’. made by this section shall apply to taxable (1) Paragraph (1) of section 1361(b) is (2) CONFORMING AMENDMENTS.— years beginning after December 31, 2001. amended by inserting ‘‘, except as provided (A) Subparagraph (J) of section 26(b)(2) is SEC. 1113. EXPANSION OF BANK S CORPORATION ELIGIBLE SHAREHOLDERS TO IN- in subsection (f),’’ before ‘‘which does not’’. amended by striking ‘‘25 percent’’ and insert- CLUDE IRAS. (2) Subsection (a) of section 1366 is amend- ing ‘‘60 percent’’. (a) IN GENERAL.—Section 1361(c)(2)(A) (re- ed by adding at the end the following new (B) Clause (i) of section 1375(b)(1)(A) is lating to certain trusts permitted as share- paragraph: amended by striking ‘‘25 percent’’ and insert- holders) is amended by inserting after clause ‘‘(3) ALLOCATION WITH RESPECT TO QUALI- ing ‘‘60 percent’’. (v) the following new clause: FIED PREFERRED STOCK.—The holders of (C) The heading for section 1375 is amended ‘‘(vi) In the case of a corporation which is qualified preferred stock (as defined in sec- by striking ‘‘25 percent’’ and inserting ‘‘60 per- a bank (as defined in section 581), a trust tion 1361(f)) shall not, with respect to such cent’’. which constitutes an individual retirement stock, be allocated any of the items de- (D) The table of sections for part III of sub- account under section 408(a), including one scribed in paragraph (1).’’. chapter S of chapter 1 is amended by strik- designated as a Roth IRA under section 408A, (3) So much of clause (ii) of section ing ‘‘25 percent’’ in the item relating to sec- but only to the extent of the stock held by 354(a)(2)(C) as precedes subclause (II) is tion 1375 and inserting ‘‘60 percent’’. such trust in such bank as of the date of the amended to read as follows: (b) REPEAL OF PASSIVE INCOME CAPITAL enactment of this clause.’’. ‘‘(ii) RECAPITALIZATION OF FAMILY-OWNED GAIN CATEGORY.— (b) TREATMENT AS SHAREHOLDER.—Section CORPORATIONS AND S CORPORATIONS.— (1) IN GENERAL.—Subsection (b) of section 1361(c)(2)(B) (relating to treatment as share- ‘‘(I) IN GENERAL.—Clause (i) shall not apply 1375 (relating to tax imposed when passive holders) is amended by adding at the end the in the case of a recapitalization under sec- investment income of corporation having ac- following new clause: tion 368(a)(I)(E) of a family-owned corpora- cumulated earnings and profits exceeds 60 ‘‘(vi) In the case of a trust described in tion or S corporation.’’. percent of gross receipts), as amended by clause (vi) of subparagraph (A), the indi- (4) Subsection (a) of section 1373 is amend- subsection (a), is amended by striking para- vidual for whose benefit the trust was cre- ed by striking ‘‘and’’ at the end of paragraph graphs (3) and (4) and inserting the following ated shall be treated as a shareholder.’’. (1), by striking the period at the end of para- new paragraph: S11858 CONGRESSIONAL RECORD — SENATE November 14, 2001

‘‘(3) PASSIVE INVESTMENT INCOME DE- exchange by the corporation during the 12- (b) EFFECTIVE DATE.—The amendment FINED.— month period beginning on the date a plan of made by this section shall apply to taxable ‘‘(A) IN GENERAL.—Except as otherwise pro- complete liquidation is adopted if the liq- years beginning after December 31, 2001. vided in this paragraph, the term ‘passive in- uidation is completed during such 12-month SEC. 1135. DISREGARD OF UNEXERCISED POW- vestment income’ means gross receipts de- period, ERS OF APPOINTMENT IN DETER- rived from royalties, rents, dividends, inter- which does not exceed the ordinary income MINING POTENTIAL CURRENT BENE- FICIARIES OF ESBT. est, and annuities. basis of stock of such S corporation in the (a) IN GENERAL.—Section 1361(e)(2) (defin- ‘‘(B) EXCEPTION FOR INTEREST ON NOTES hands of such shareholder shall not be treat- ing potential current beneficiary) is FROM SALES OF INVENTORY.—The term ‘pas- ed as a loss from the sale or exchange of a amended— sive investment income’ shall not include in- capital asset but shall be treated as an ordi- (1) by inserting ‘‘(determined without re- terest on any obligation acquired in the ordi- nary loss. gard to any unexercised (in whole or in part) nary course of the corporation’s trade or ‘‘(2) ORDINARY INCOME BASIS.—For purposes power of appointment during such period)’’ business from its sale of property described of this subsection, the ordinary income basis after ‘‘of the trust’’ in the first sentence, and in section 1221(a)(1). of stock of an S corporation in the hands of (2) by striking ‘‘60-day’’ in the second sen- ‘‘(C) TREATMENT OF CERTAIN LENDING OR FI- a shareholder of such S corporation shall be tence and inserting ‘‘1-year’’. NANCE COMPANIES.—If the S corporation an amount equal to the portion of such (b) EFFECTIVE DATE.—The amendments meets the requirements of section 542(c)(6) shareholder’s basis in such stock which is made by this section shall apply to taxable for the taxable year, the term ‘passive in- equal to the aggregate increases in such years beginning after December 31, 2001. vestment income’ shall not include gross re- basis under section 1367(a)(1) resulting from ceipts for the taxable year which are derived such shareholder’s pro rata share of ordinary SEC. 1136. CLARIFICATION OF ELECTING SMALL directly from the active and regular conduct BUSINESS TRUST DISTRIBUTION income of such S corporation attributable to RULES. of a lending or finance business (as defined in the complete liquidation.’’. (a) IN GENERAL.—Section 641(c)(1) (relating section 542(d)(1)). (b) SUSPENDED PASSIVE ACTIVITY LOSSES.— to special rules for taxation of electing small ‘‘(D) TREATMENT OF CERTAIN DIVIDENDS.—If Paragraph (3) of section 1371(b) is amended to business trusts) is amended— an S corporation holds stock in a C corpora- read as follows: (1) by striking ‘‘and’’ at the end of subpara- tion meeting the requirements of section ‘‘(3) TREATMENT OF S YEAR AS ELAPSED graph (A), 1504(a)(2), the term ‘passive investment in- YEAR; PASSIVE LOSSES.—Nothing in para- (2) by redesignating subparagraph (B) as come’ shall not include dividends from such graphs (1) and (2) shall prevent treating a subparagraph (C), and C corporation to the extent such dividends taxable year for which a corporation is an S (3) by inserting after subparagraph (A) the are attributable to the earnings and profits corporation as a taxable year for purposes of following new subparagraph: of such C corporation derived from the active determining the number of taxable years to ‘‘(B) any distribution attributable to the conduct of a trade or business. which an item may be carried back or car- portion treated as a separate trust shall be ‘‘(E) COORDINATION WITH SECTION 1374.—The ried forward nor prevent the allowance of a treated separately from any distribution at- amount of passive investment income shall passive activity loss deduction to the extent tributable to the portion not so treated, be determined by not taking into account provided by section 469(g).’’. and’’. any recognized built-in gain or loss of the S (c) EFFECTIVE DATE.—The amendments corporation for any taxable year in the rec- made by this section shall apply to taxable (b) EFFECTIVE DATE.—The amendments ognition period. Terms used in the preceding years beginning after December 31, 2001. made by this section shall apply to taxable years beginning after December 31, 1996. sentence shall have the same respective SEC. 1132. TRANSFER OF SUSPENDED LOSSES IN- meaning as when used in section 1374.’’. CIDENT TO DIVORCE. SEC. 1137. ALLOWANCE OF CHARITABLE CON- TRIBUTIONS DEDUCTION FOR (2) CONFORMING AMENDMENTS.—Section (a) IN GENERAL.—Section 1366(d) (relating 1375(d) is amended by striking ‘‘subchapter ELECTING SMALL BUSINESS to special rules for losses and deductions) is TRUSTS. C’’ both places it appears and inserting ‘‘ac- amended by adding at the end the following (a) IN GENERAL.—Section 641(c)(2)(C) (relat- cumulated’’. new paragraph: ing to modifications), as amended by section (c) EFFECTIVE DATE.—The amendments ‘‘(4) TRANSFER OF SUSPENDED LOSSES AND 1134(a), is amended by inserting after clause made by this section shall apply to taxable DEDUCTIONS WHEN STOCK IS TRANSFERRED INCI- (iv) the following new clause:— years beginning after December 31, 2001. DENT TO DIVORCE.—For purposes of paragraph ‘‘(v) Deductions described in section SEC. 1125. ADJUSTMENT TO BASIS OF S COR- (2), the transfer of any shareholder’s stock in 642(c)(1).’’. PORATION STOCK FOR CERTAIN an S corporation incident to a decree of di- (b) CONFORMING AMENDMENT.—Section CHARITABLE CONTRIBUTIONS. vorce shall include any loss or deduction de- 512(e) (relating to special rules applicable to (a) IN GENERAL.—Paragraph (1) of section scribed in such paragraph attributable to S corporations) is amended by redesignating 1367(a) (relating to adjustments to basis of such stock.’’. subparagraph (3) as subparagraph (4) and by stock of shareholders, etc.) is amended by (b) EFFECTIVE DATE.—The amendment inserting after subparagraph (2) the fol- striking ‘‘and’’ at the end of subparagraph made by this section shall apply to transfers lowing new subparagraph: (B), by striking the period at the end of sub- made after the date of the enactment of this ‘‘(3) AMOUNTS RECEIVED FROM AN ELECTING paragraph (C) and inserting ‘‘, and’’, and by Act. SMALL BUSINESS TRUST.—Notwithstanding adding at the end the following new subpara- SEC. 1133. USE OF PASSIVE ACTIVITY LOSS AND any other provision of this part, amounts re- graph: AT-RISK AMOUNTS BY QUALIFIED ceived by an organization described in sec- ‘‘(D) the excess of the amount of the share- SUBCHAPTER S TRUST INCOME tion 511(a)(2) from an electing small business holder’s proportionate share of any chari- BENEFICIARIES. trust (as defined in section 1361(e)) shall be table contribution made by the S corpora- (a) IN GENERAL.—Section 1361(d)(1) (relat- taken into account in computing the unre- tion over the shareholder’s proportionate ing to special rule for qualified subchapter S lated business taxable income of such organi- share of the adjusted basis of the property trust) is amended— zation to the extent such amount is deducted contributed.’’. (1) by striking ‘‘and’’ at the end of subpara- by such trust under section 641(c)(2)(C)(v).’’. (b) EFFECTIVE DATE.—The amendments graph (A), (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable (2) by striking the period at the end of sub- made by this section shall apply to taxable years beginning after December 31, 2001. paragraph (B) and inserting ‘‘, and’’, and (3) by adding at the end the following new years beginning after December 31, 2001. Subtitle C—Treatment of S Corporation subparagraph: SEC. 1138. SHAREHOLDER BASIS NOT INCREASED Shareholders ‘‘(C) for purposes of applying sections 465 BY INCOME DERIVED FROM CAN- SEC. 1131. TREATMENT OF LOSSES TO SHARE- and 469(g) to the beneficiary of the trust, the CELLATION OF S CORPORATION’S DEBT. HOLDERS. disposition of the S corporation stock by the (a) IN GENERAL.—Section 1366(a)(1) (relat- (a) LIQUIDATIONS.—Section 331 (relating to trust shall be treated as a disposition by ing to determination of shareholder’s tax li- gain or loss to shareholders in corporate liq- such beneficiary.’’. uidations) is amended by redesignating sub- (b) EFFECTIVE DATE.—The amendments ability) is amended by inserting ‘‘but not in- section (c) as subsection (d) and by inserting made by this section shall apply to transfers cluding income excludable from gross in- after subsection (b) the following new sub- made after the date of the enactment of this come under section 108’’ after ‘‘tax-exempt section: Act. income’’. (b) EFFECTIVE DATE.—The amendment ‘‘(c) LOSS ON LIQUIDATIONS OF S CORPORA- SEC. 1134. DEDUCTIBILITY OF INTEREST EX- TION.— PENSE INCURRED BY AN ELECTING made by this section shall apply to dis- ‘‘(1) IN GENERAL.—The portion of any net SMALL BUSINESS TRUST TO AC- charges of indebtedness occurring after De- loss recognized by a shareholder of an S cor- QUIRE S CORPORATION STOCK. cember 31, 2000. poration (as defined in section 1361(a)(1))— (a) IN GENERAL.—Subparagraph (C) of sec- SEC. 1139. BACK TO BACK LOANS AS INDEBTED- ‘‘(A) on amounts received by such share- tion 641(c)(2) (relating to modifications) is NESS. holder in a distribution in complete liquida- amended by inserting after clause (iii) the (a) IN GENERAL.—Section 1366(d) (relating tion of such S corporation, or following new clause: to special rules for losses and deductions) is ‘‘(B) on an installment obligation received ‘‘(iv) Any interest expense incurred to ac- amended by adding at the end the following by such shareholder with respect to a sale or quire stock in an S corporation.’’. new paragraph: November 14, 2001 CONGRESSIONAL RECORD — SENATE S11859

‘‘(4) LOANS INCLUDED IN INDEBTEDNESS OF (1) Section 1361(b)(1) is amended by insert- ‘‘(ii) followed by a deemed contribution by AN S CORPORATION.—For purposes of sub- ing ‘‘, except as provided in subsection (f),’’ the S corporation and the transferee in a sec- section (d), the indebtedness of an S corpora- before ‘‘which does not’’. tion 351 transaction.’’. tion to the shareholder shall include any (2) Section 1366(a) is amended by adding at (b) EFFECTIVE DATE.—The amendment loans made or acquired (by purchase, gift, or the end the following new paragraph: made by this section shall apply to taxable distribution from another person) by a share- ‘‘(3) ALLOCATION WITH RESPECT TO QUALI- years beginning after December 31, 1996. holder to the S corporation, regardless of FYING DIRECTOR SHARES.—The holders of SEC. 1154. EXCEPTION TO APPLICATION OF STEP whether the funds loaned by the shareholder qualifying director shares (as defined in sec- TRANSACTION DOCTRINE FOR RE- to the S corporation were obtained by the tion 1361(f)) shall not, with respect to such STRUCTURING IN CONNECTION shareholder by means of a recourse loan shares of stock, be allocated any of the items WITH MAKING QUALIFIED SUB- from another person (whether related or un- described in paragraph (1).’’. CHAPTER S SUBSIDIARY ELECTIONS. related to the shareholder).’’. (3) Section 1373(a) is amended by striking (a) IN GENERAL.—Section 1361(b)(3) (relat- ing to treatment of certain wholly owned (b) EFFECTIVE DATE.—The amendment ‘‘and’’ at the end of paragraph (1), by strik- subsidiaries), as amended by section 1153, is made by this section shall apply to taxable ing the period at the end of paragraph (2) and amended by redesignating subparagraphs (C), years beginning after December 31, 2001. inserting ‘‘, and’’, and adding at the end the following new paragraph: (D), and (E), as subparagraphs (D), (E), and Subtitle D—Expansion of S Corporation ‘‘(3) no amount of an expense deductible (F), respectively, and by inserting after sub- Eligibility for Banks. under this subchapter by reason of section paragraph (B) the following new subpara- SEC. 1141. EXCLUSION OF INVESTMENT SECURI- 1361(f)(3) shall be apportioned or allocated to graph: TIES INCOME FROM PASSIVE IN- such income.’’. ‘‘(C) TREATMENT OF ELECTION.—The elec- COME TEST FOR BANK S CORPORA- (c) EFFECTIVE DATE.—The amendments tion under subparagraph (B)(ii) shall be TIONS. made by this section shall apply to taxable treated as a liquidation of the qualified sub- (a) IN GENERAL.—Section 1374(b)(3) (defin- years beginning after December 31, 1996. chapter S subsidiary to which section 332 ap- ing passive investment income) is amended SEC. 1143. RECAPTURE OF BAD DEBT RESERVES. plies.’’. by adding at the end the following new sub- Notwithstanding section 481 of the Internal (b) EFFECTIVE DATE.—The amendments paragraph: Revenue Code of 1986, with respect to any S made by this section shall apply to elections ‘‘(E) EXCEPTION FOR BANKS; ETC.—In the corporation election made by any bank in effective after December 31, 2001. case of a bank (as defined in section 581), a taxable years beginning after December 31, Subtitle F—Additional Provisions 1996, such bank may recognize built-in gains bank holding company (as defined in section SEC. 1161. ELIMINATION OF ALL EARNINGS AND 246A(c)(3)(B)(ii)), or a qualified subchapter S from changing its accounting method for PROFITS ATTRIBUTABLE TO PRE- subsidiary which is a bank, the term ‘passive recognizing bad debts from the reserve meth- 1983 YEARS. investment income’ shall not include— od under section 585 or 593 of such Code to (a) IN GENERAL.—Subsection (a) of section ‘‘(i) interest income earned by such bank, the charge-off method under section 166 of 1311 of the Small Business Job Protection bank holding company, or qualified sub- such Code either in the taxable year ending Act of 1996 is amended to read as follows: chapter S subsidiary, or with or beginning with such an election. ‘‘(a) IN GENERAL.—If a corporation was an ‘‘(ii) dividends on assets required to be held Subtitle E—Qualified Subchapter S electing small business corporation under by such bank, bank holding company, or Subsidiaries subchapter S of chapter 1 of the Internal qualified subchapter S subsidiary to conduct SEC. 1151. RELIEF FROM INADVERTENTLY IN- Revenue Code of 1986 for any taxable year be- a banking business, including stock in the VALID QUALIFIED SUBCHAPTER S ginning before January 1, 1983, the amount of Federal Reserve Bank, the Federal Home SUBSIDIARY ELECTIONS AND TERMI- such corporation’s accumulated earnings and Loan Bank, or the Federal Agricultural NATIONS. profits (as of the beginning of any taxable (a) IN GENERAL.—Section 1362(f) (relating Mortgage Bank or participation certificates year beginning after December 31, 1982) shall to inadvertent invalid elections or termi- issued by a Federal Intermediate Credit be reduced by an amount equal to the por- nations) is amended— Bank.’’. tion (if any) of such accumulated earnings (1) by inserting ‘‘or under section (b) EFFECTIVE DATE.—The amendment and profits which were accumulated in any 1361(b)(3)(B)(ii)’’ after ‘‘subsection (a)’’in made by this section shall apply to taxable taxable year beginning before January 1, paragraph (1), years beginning after December 31, 1996. 1983, for which such corporation was an (2) by inserting ‘‘or under section SEC. 1142. TREATMENT OF QUALIFYING DIREC- 1361(b)(3)(C)’’ after ‘‘subsection (d)’’ in para- electing small business corporation under TOR SHARES. graph (1)(B), such subchapter S.’’. (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 1361 (defining S (3) by inserting ‘‘or a qualified subchapter made by this section shall apply to taxable corporation), as amended by section 1121(a), S subsidiary, as the case may be’’ after is amended by adding at the end the fol- ‘‘small business corporation’’ in paragraph years beginning after December 31, 1996. lowing new subsection: (3)(A), SEC. 1162. NO GAIN OR LOSS ON DEFERRED INTERCOMPANY TRANSACTIONS BE- ‘‘(g) TREATMENT OF QUALIFYING DIRECTOR (4) by inserting ‘‘or a qualified subchapter CAUSE OF CONVERSION TO S COR- SHARES.— S subsidiary, as the case may be’’ after ‘‘S PORATION OR QUALIFIED S COR- ‘‘(1) IN GENERAL.—For purposes of this corporation’’ in paragraph (4), and PORATION SUBSIDIARY. subchapter— (5) by inserting ‘‘or a qualified subchapter With respect to taxable years beginning be- ‘‘(A) qualifying director shares shall not be S subsidiary, as the case may be’’ after ‘‘S fore, on, or after July 12, 1995, the regula- treated as a second class of stock, and corporation’’ in the matter following para- tions under section 1502 of the Internal Rev- ‘‘(B) no person shall be treated as a share- graph (4). enue Code of 1986 shall not cause gain or loss (b) EFFECTIVE DATE.—The amendments holder of the corporation by reason of hold- to be recognized by reason of an election made by this section shall apply to taxable ing qualifying director shares. under section 1361(b)(3)(B) or 1362(a) of such years beginning after December 31, 1996. ‘‘(2) QUALIFYING DIRECTOR SHARES DE- Code. FINED.—For purposes of this subsection, the SEC. 1152. INFORMATION RETURNS FOR QUALI- FIED SUBCHAPTER S SUBSIDIARIES. SEC. 1163. TREATMENT OF CHARITABLE CON- term ‘qualifying director shares’ means any TRIBUTION AND FOREIGN TAX (a) IN GENERAL.—Section 1361(b)(3)(A) (re- shares of stock in a bank (as defined in sec- CREDIT CARRYFORWARDS. lating to treatment of certain wholly owned tion 581) or in a bank holding company reg- (a) CHARITABLE CONTRIBUTION subsidiaries) is amended by inserting ‘‘and in istered as such with the Federal Reserve CARRYFORWARDS.—The last sentence of sec- System— the case of information returns required under part III of subchapter A of chapter 61’’ tion 1374(b)(2) (relating to net operating loss ‘‘(i) which are held by an individual solely after ‘‘Secretary’’. carryforwards from C years allowed) is by reason of status as a director of such bank (b) EFFECTIVE DATE.—The amendment amended by inserting ‘‘or a charitable con- or company or its controlled subsidiary; and made by this section shall apply to taxable tribution carryforward under section ‘‘(ii) which are subject to an agreement years beginning after December 31, 2001. 170(d)(2)’’ after ‘‘capital loss carryforward’’. pursuant to which the holder is required to SEC. 1153. TREATMENT OF THE SALE OF INTER- (b) FOREIGN TAX CREDIT CARRYFORWARDS.— dispose of the shares of stock upon termi- EST IN A QUALIFIED SUBCHAPTER S The last sentence of section 1374(b)(3)(B) (re- nation of the holder’s status as a director at SUBSIDIARY. lating to business credit carryforwards from the same price as the individual acquired (a) IN GENERAL.—Section 1361(b)(3) (relat- C years allowed) is amended by inserting such shares of stock. ing to treatment of certain wholly owned ‘‘and the foreign tax credit carryforward ‘‘(3) DISTRIBUTIONS.—A distribution (not in subsidiaries) is amended by adding at the end under section 904’’ after ‘‘section 53’’. part or full payment in exchange for stock) the following new subparagraph: (c) TREATMENT OF ADDITIONAL made by the corporation with respect to ‘‘(E) SPECIAL RULE ON TERMINATION.—The CARRYFORWARDS.—Section 1374(b) (relating qualifying director shares shall be includible tax treatment of the disposition of the stock to amount of tax) is amended by adding at as ordinary income of the holder and deduct- of the qualified subchapter S subsidiary shall the end the following new paragraph: ible to the corporation as an expense in com- be determined as if such disposition were— ‘‘(5) TREATMENT OF ADDITIONAL puting taxable income under section 1363(b) ‘‘(i) a sale of the undivided interest in the CARRYFORWARDS.—The Secretary under regu- in the year such distribution is received.’’. subsidiary’s assets based on the percentage lations shall provide treatment similar to (b) CONFORMING AMENDMENTS.— of the stock transferred, and the preceding paragraphs of this subsection S11860 CONGRESSIONAL RECORD — SENATE November 14, 2001 for other carryforwards attributable to tax- qualified wages paid or incurred to each violent or adult content. Such term does not able years for which an S corporation was a qualified employee which may be taken into include any film or tape the market for C corporation.’’. account for a taxable year shall not exceed which is primarily topical, is otherwise es- (d) EFFECTIVE DATE.—The amendments $25,000. sentially transitory in nature, or is produced made by this section shall apply to taxable ‘‘(c) QUALIFIED WAGES.—For purposes of for private noncommercial use. years beginning after December 31, 2001. this section— ‘‘(3) INFLATION ADJUSTMENT.— SEC. 1164. DISTRIBUTIONS BY AN S CORPORA- ‘‘(1) IN GENERAL.—The term ‘qualified ‘‘(A) IN GENERAL.—In the case of any tax- TION TO AN EMPLOYEE STOCK OWN- wages’ means— able year beginning in a calendar year after ERSHIP PLAN. ‘‘(A) any wages paid or incurred by an em- 2001, the $10,000,000 amount contained in (a) IN GENERAL.—Section 1368(f) (relating ployer for services performed in the United paragraph (1)(C) shall be increased by an to distributions) is amended by adding at the States by an employee while such employee amount equal to— end the following new subsection: is a qualified employee, and ‘‘(i) such dollar amount, multiplied by ‘‘(f) DISTRIBUTIONS BY AN S CORPORATION TO ‘‘(B) the employee fringe benefit expenses ‘‘(ii) the cost-of-living adjustment under AN EMPLOYEE STOCK OWNERSHIP PLAN.—Any of the employer allocable to such services section 1(f)(3) for the calendar year in which distribution described in subsection (a) to an performed by such employee. the taxable year begins, determined by sub- employee stock ownership plan (as defined in ‘‘(2) QUALIFIED EMPLOYEE.— stituting ‘calendar year 2000’ for ‘calendar section 4975(e)(7)) shall be treated as a divi- ‘‘(A) IN GENERAL.—The term ‘qualified em- year 1992’ in subparagraph (B) thereof. dend under section 404(k)(2)(A).’’. ployee’ means, with respect to any period, ‘‘(B) ROUNDING.—If any increase deter- (b) TECHNICAL AMENDMENT.—Section any employee of an employer if substantially mined under subparagraph (A) is not a mul- 404(a)(9)(C) (relating to S corporations) is all of the services performed during such pe- amended to read as follows: tiple of $500,000, such amount shall be round- riod by such employee for such employer are ed to the nearest multiple of $500,000. ‘‘(C) S CORPORATIONS.—The deduction pro- performed in an activity related to any ‘‘(e) CONTROLLED GROUPS.—For purposes of vided in this paragraph shall not apply to an qualified United States independent film and S corporation.’’. television production in a trade or business this section— (c) EFFECTIVE DATE.—The amendments of the employer. ‘‘(1) all employers treated as a single em- ployer under subsection (a) or (b) of section made by this section shall apply to distribu- ‘‘(B) CERTAIN INDIVIDUALS NOT ELIGIBLE.— tions received after the date of the enact- Such term shall not include— 52 shall be treated as a single employer for ment of this Act. ‘‘(i) any individual described in subpara- purposes of this subpart, and SEC. 1165. SPECIAL RULES OF APPLICATION. graph (A), (B), or (C) of section 51(i)(1), and ‘‘(2) the credit (if any) determined under (a) WAIVER OF LIMITATIONS.—If refund or ‘‘(ii) any 5-percent owner (as defined in sec- this section with respect to each such em- credit of any overpayment of tax resulting tion 416(i)(1)(B). ployer shall be its proportionate share of the from the application of any amendment ‘‘(3) COORDINATION WITH OTHER WAGE CRED- wages giving rise to such credit. made by this Act is prevented at any time ITS.—No credit shall be allowed under any ‘‘(f) APPLICATION OF CERTAIN OTHER before the close of the 1-year period begin- other provision of this chapter for wages RULES.—For purposes of this section, rules ning on the date of the enactment of this Act paid to any employee during any taxable similar to the rules of section 51(k) and sub- by the operation of any law or rule of law year if the employer is allowed a credit sections (c) and (d) of section 52 shall apply. (including res judicata), such refund or cred- under this section for any of such wages. ‘‘(g) APPLICATION OF SECTION.—This section it may nevertheless be made or allowed if ‘‘(4) WAGES.—The term ‘wages’ has the shall not apply to taxable years beginning claimed therefor is filed before the close of same meaning as when used in section 51. after December 31, 2004.’’. such period. ‘‘(5) EMPLOYEE FRINGE BENEFIT EXPENSES.— (b) CREDIT TREATED AS BUSINESS CREDIT.— (b) TREATMENT OF CERTAIN ELECTIONS The term ‘employee fringe benefit expenses’ Section 38(b) is amended by striking ‘‘plus’’ UNDER PRIOR LAW.—For purposes of section means the amount allowable as a deduction at the end of paragraph (14), by striking the 1362(g) of the Internal Revenue Code of 1986 under this chapter to the employer for any period at the end of paragraph (15) and in- (relating to election after termination), any taxable year with respect to— serting ‘‘, plus’’, and by adding at the end the termination or revocation under section ‘‘(A) employer contributions under stock following new paragraph: 1362(d) of such Code (as in effect on the day bonus, pension, profit-sharing, or annuity ‘‘(16) the United States independent film before enactment of this Act) shall not be plan, and television production wage credit deter- taken into account. ‘‘(B) employer-provided coverage under mined under section 45G(a).’’. any accident or health plan for employees, SA 2129. Mr. LINCOLN submitted an (c) NO CARRYBACKS.—Subsection (d) of sec- and tion 39 (relating to carryback and amendment intended to be proposed by ‘‘(C) the cost of life or disability insurance her to the bill H.R. 3090, to provide tax carryforward of unused credits) is amended provided to employees. by adding at the end the following: incentives for economic recovery; Any amount treated as wages under para- ‘‘(11) NO CARRYBACK OF SECTION 45G CREDIT which was ordered to lie on the table; graph (1)(A) shall not be taken into account BEFORE EFFECTIVE DATE.—No portion of the as follows: under this subparagraph. unused business credit for any taxable year ‘‘(d) QUALIFIED UNITED STATES INDE- At an appropriate place in title IX and in- which is attributable to the United States PENDENT FILM AND TELEVISION PRODUCTION.— sert the following: independent film and television production For purposes of this section— SEC. ll. TAX INCENTIVES FOR QUALIFIED wage credit determined under section 45G ‘‘(1) IN GENERAL.—The term ‘qualified UNITED STATES INDEPENDENT FILM may be carried back to a taxable year ending United States independent film and tele- AND TELEVISION PRODUCTION. before the date of the enactment of section vision production’ means any production of (a) IN GENERAL.—Subpart D of part IV of 45G.’’. any motion picture (whether released subchapter A of chapter 1 (relating to busi- (d) DENIAL OF DOUBLE BENEFIT.—Sub- ness related credits) is amended by adding at theatrically, for television or cable program- ming, or directly to video cassette or any section (a) of section 280C is amended by in- the end the following new section: serting ‘‘45G(a),’’ after ‘‘45A(a),’’. ‘‘SEC. 45G. UNITED STATES INDEPENDENT FILM other format) or any seasonal television se- (e) CONFORMING AMENDMENT.—The table of AND TELEVISION PRODUCTION ries (including any pilot production) if— WAGE CREDIT. ‘‘(A) 75 percent of the total wages of the sections for subpart C of part IV of sub- ‘‘(a) AMOUNT OF CREDIT.— production are qualified wages, chapter A of chapter 1 is amended by adding ‘‘(1) IN GENERAL.—For purposes of section ‘‘(B) the production is created primarily at the end the following new item: 38, the United States independent film and for use as public entertainment or for edu- ‘‘Sec. 45G. United States independent film television production wage credit deter- cational purposes, and and television production wage mined under this section with respect to any ‘‘(C) the total cost of wages of the produc- credit.’’. employer for any taxable year is an amount tion is more than $200,000 but less than FFECTIVE DATE.—The amendments equal to 25 percent of the qualified wages $10,000,000. (f) E made by this section shall apply to amounts paid or incurred during such taxable year. Such term shall not include any production paid or incurred after the date of the enact- ‘‘(2) HIGHER PERCENTAGE FOR PRODUCTION if records are required under section 2257 of ment of this Act in taxable years ending EMPLOYMENT IN CERTAIN AREAS.—In the case title 18, United States Code, to be main- of qualified wages for any qualified United tained with respect to any performer in such after such date. States independent film and television pro- production (reporting of books, films, etc. duction located in an area eligible for des- with sexually explicit conduct). SA 2130. Mrs. LINCOLN submitted an ignation as a low-income community under ‘‘(2) PUBLIC ENTERTAINMENT.—The term amendment intended to be proposed by section 45D or eligible for designation by the ‘public entertainment’ includes a motion her to the bill H.R. 3090, to provide tax Delta Regional Authority as a distressed picture film, video tape, or television pro- incentives for economic recovery; county or isolated area of distress, para- gram intended for initial broadcast via the which was ordered to lie on the table; public broadcast spectrum or delivered via graph (1) shall be applied by substituting ‘35 as follows: percent’ for ‘25 percent’. cable distribution, or productions that are ‘‘(b) ONLY FIRST $25,000 OF WAGES PER submitted to a national organization in ex- At an appropriate place in title IX insert YEAR TAKEN INTO ACCOUNT.—The amount of istence on July 27, 2001, that rates films for the following: November 14, 2001 CONGRESSIONAL RECORD — SENATE S11861 SEC. ll. AMORTIZATION OF REFORESTATION Strike section 602(a) and insert the fol- ‘‘(iii) which is— EXPENDITURES AND REFOREST- lowing: ‘‘(I) acquired by the taxpayer after Sep- ATION TAX CREDIT. (a) STATE OPTION.— tember 10, 2001, and before September 11, (a) REMOVAL OF CAP ON AMORTIZABLE (1) IN GENERAL.—Notwithstanding any 2004, but only if no written binding contract BASIS.— other provision of law, a State may elect to for the acquisition was in effect before Sep- (1) IN GENERAL.—Section 194 (relating to provide under its medicaid program under tember 11, 2001, or amortization of reforestation expenditures) title XIX of the Social Security Act medical ‘‘(II) acquired by the taxpayer pursuant to is amended by striking subsection (b) and by assistance in the case of an individual— a written binding contract which was en- redesignating subsections (c) and (d) as sub- (A) who at any time during the period that tered into after September 10, 2001, and be- sections (b) and (c), respectively. begins on September 11, 2001, and ends on De- fore September 11, 2004, and (2) CONFORMING AMENDMENT.—Subsection cember 31, 2002, is separated from employ- ‘‘(iv) which is placed in service by the tax- (b) of section 194, as redesignated by para- ment; payer before January 1, 2005. graph (1), is amended by striking paragraph (B) who is not eligible for COBRA continu- ‘‘(B) EXCEPTIONS.— (4). ation coverage; ‘‘(i) ALTERNATIVE DEPRECIATION PROP- (b) INCREASE IN CAP ON REFORESTATION (C) who is uninsured; and ERTY.—The term ‘qualified property’ shall CREDIT.—Paragraph (1) of section 48(b) (re- (D) whose assets, resources, and earned or not include any property to which the alter- lating to reforestation credit) is amended— unearned income (or both) do not exceed native depreciation system under subsection (1) by inserting ‘‘of the first $25,000’’ after such limitations (if any) as the State may (g) applies, determined— ‘‘10 percent’’, and establish. ‘‘(I) without regard to paragraph (7) of sub- (2) by striking ‘‘(after the application of (2) EXPANDED ELIGIBILITY FOR CERTAIN section (g) (relating to election to have sys- section 194(b)(1))’’. STATES WITH HIGH UNEMPLOYMENT.—In the tem apply), and (c) EFFECTIVE DATES.— case of a State that, during the period that ‘‘(II) after application of section 280F(b) (1) AMORTIZATION PROVISIONS.—The amend- begins on January 1, 2000, and ends on De- (relating to listed property with limited ments made by subsection (a) shall apply to cember 31, 2002, has an unemployment rate business use). additions to capital account made after De- that exceeds 5.0 percent for more than 2 con- ‘‘(ii) ELECTION OUT.—If a taxpayer makes cember 31, 2001. secutive months, the State may apply para- an election under this clause with respect to (2) TAX CREDIT PROVISIONS.—The amend- graph (1)(A) as if ‘‘January 1, 2000’’ were sub- any class of property for any taxable year, ments made by subsection (b) shall apply to stituted for ‘‘September 11, 2001’’. this subsection shall not apply to all prop- property acquired after December 31, 2001. erty in such class placed in service during SA 2133. Mr. SMITH of Oregon sub- Mrs. LINCOLN submitted an such taxable year. SA 2131. mitted an amendment intended to be amendment intended to be proposed by ‘‘(iii) REPAIRED OR RECONSTRUCTED PROP- proposed by him to the bill H.R. 3090, ERTY.—Except as otherwise provided in regu- her to the bill H.R. 3090, to provide tax to provide tax incentives for economic lations, the term ‘qualified property’ shall incentives for economic recovery; recovery; which was ordered to lie on not include any repaired or reconstructed which was ordered to lie on the table; the table; as follows: property. as follows: At the appropriate place in the bill, insert ‘‘(iv) QUALIFIED LEASEHOLD IMPROVEMENT On page 11, line 17, strike ‘‘or’’. the following: PROPERTY.—The term ‘qualified property’ On page 11, line 19, strike the comma and ‘‘Section 45(c)(3)(A) of the Internal Rev- shall not include any qualified leasehold im- insert ‘‘, or’’. enue Code of 1986 (relating to wind facility) provement property (as defined in section On page 11, between lines 19 and 20, insert: is amended by striking ‘January 1, 2002’ and 168(e)(6)). ‘‘(V) which is qualified retail improvement inserting ‘January 1, 2007’.’’ ‘‘(C) SPECIAL RULES RELATING TO ORIGINAL property, USE.— On page 16, line 25, strike the end SA 2134. Mr. SMITH of Oregon sub- ‘‘(i) SELF-CONSTRUCTED PROPERTY.—In the quotation marks and the second period. mitted an amendment intended to be case of a taxpayer manufacturing, con- On page 16, after line 25, insert: proposed by him to the bill H.R. 3090, structing, or producing property for the tax- ‘‘(4) QUALIFIED RETAIL IMPROVEMENT PROP- payer’s own use, the requirements of clause ERTY.—For purposes of this subsection— to provide tax incentives for economic recovery; which was ordered to lie on (iii) of subparagraph (A) shall be treated as ‘‘(A) IN GENERAL.—The term ‘qualified re- met if the taxpayer begins manufacturing, tail improvement property’ means any im- the table; as follows: constructing, or producing the property after provement to an interior portion of a build- Strike section 201 and insert the following: September 10, 2001, and before September 11, ing which is primarily used or held for use in SEC. 201. SPECIAL DEPRECIATION ALLOWANCE 2004. a qualified retail business at the location of FOR CERTAIN PROPERTY ACQUIRED ‘‘(ii) SALE-LEASEBACKS.—For purposes of such improvement, but only if such improve- AFTER SEPTEMBER 10, 2001, AND BE- subparagraph (A)(ii), if property— FORE SEPTEMBER 11, 2004. ment is placed in service more than 3 years ‘‘(I) is originally placed in service after after the date the building was first placed in (a) IN GENERAL.—Section 168 (relating to accelerated cost recovery system) is amend- September 10, 2001, by a person, and service. ‘‘(II) sold and leased back by such person ‘‘(B) CERTAIN IMPROVEMENTS NOT IN- ed by adding at the end the following new subsection: within 3 months after the date such property CLUDED.—The term ‘qualified retail improve- ‘‘(k) SPECIAL ALLOWANCE FOR CERTAIN was originally placed in service, ment’ does not include any improvement of a PROPERTY ACQUIRED AFTER SEPTEMBER 10, such property shall be treated as originally type described in clauses (i) through (iv) of 2001, AND BEFORE SEPTEMBER 11, 2004.— placed in service not earlier than the date on subsection (k)(3)(B). ‘‘(1) ADDITIONAL ALLOWANCE.—In the case of which such property is used under the lease- ‘‘(C) QUALIFIED RETAIL BUSINESS.—For pur- any qualified property— back referred to in subclause (II). poses of this paragraph— ‘‘(A) the depreciation deduction provided ‘‘(D) COORDINATION WITH SECTION 280F.—For ‘‘(i) IN GENERAL.—The term ‘qualified re- by section 167(a) for the taxable year in purposes of section 280F— tail business’ means a trade or business of which such property is placed in service shall ‘‘(i) AUTOMOBILES.—In the case of a pas- selling tangible personal property to the gen- include an allowance equal to 30 percent of senger automobile (as defined in section eral public. the adjusted basis of the qualified property, 280F(d)(5)) which is qualified property, the ‘‘(ii) TREATMENT OF CERTAIN SALES OF IN- and Secretary shall increase the limitation TANGIBLE PROPERTY OR SALES.—Any sale of ‘‘(B) the adjusted basis of the qualified under section 280F(a)(1)(A)(i) by $4,600. intangible property or services shall be con- property shall be reduced by the amount of ‘‘(ii) LISTED PROPERTY.—The deduction al- sidered a sale of tangible property if such such deduction before computing the amount lowable under paragraph (1) shall be taken sale is incidental to the sale of tangible prop- otherwise allowable as a depreciation deduc- into account in computing any recapture erty. A trade or business shall not fail to be tion under this chapter for such taxable year amount under section 280F(b)(2).’’. treated as a qualified retail business by rea- and any subsequent taxable year. (b) ALLOWANCE AGAINST ALTERNATIVE MIN- son of sales of intangible property or services ‘‘(2) QUALIFIED PROPERTY.—For purposes of IMUM TAX.— if such sales (other than sales that are inci- this subsection— (1) IN GENERAL.—Section 56(a)(1)(A) (relat- dental to the sale of tangible personal prop- ‘‘(A) IN GENERAL.—The term ‘qualified ing to depreciation adjustment for alter- erty) represent less than 10 percent of the property’ means property— native minimum tax) is amended by adding total sales of the trade or business at the lo- ‘‘(i)(I) to which this section applies which at the end the following new clause: cation.’’. has an applicable recovery period of 20 years ‘‘(iii) ADDITIONAL ALLOWANCE FOR CERTAIN SA 2132. Mr. SMITH of Oregon sub- or less or which is water utility property, or PROPERTY ACQUIRED AFTER SEPTEMBER 10, 2001, mitted an amendment intended to be ‘‘(II) which is computer software (as de- AND BEFORE SEPTEMBER 11, 2004.—The deduc- fined in section 167(f)(1)(B)) for which a de- tion under section 168(k) shall be allowed.’’. proposed by him to the bill H.R. 3090, duction is allowable under section 167(a) (2) CONFORMING AMENDMENT.—Clause (i) of to provide tax incentives for economic without regard to this subsection, section 56(a)(1)(A) is amended by striking recovery; which was ordered to lie on ‘‘(ii) the original use of which commences ‘‘clause (ii)’’ both places it appears and in- the table; as follows: with the taxpayer after September 10, 2001, serting ‘‘clauses (ii) and (iii)’’. S11862 CONGRESSIONAL RECORD — SENATE November 14, 2001

(c) EFFECTIVE DATE.—The amendments ability of the critical infrastructure to phys- the Harrisburg-Lebanon-Carlisle, Pennsyl- made by this section shall apply to property ical threats; and vania Metropolitan Statistical Area; and placed in service after September 10, 2001, in (iii) evaluate the functional, structural, (3) in Mercer County, Pennsylvania, such taxable years ending after such date. and informational capacity of key corridors county is deemed to be located in the for the purposes of— Youngstown-Warren, Ohio Metropolitan Sta- SA 2135. Mr. SMITH of New Hamp- (I) management of a major incident; tistical Area. shire (for himself, Mr. INHOFE, and Mr. (II) disaster evacuation; and (b) RULES.—The reclassifications made under subsection (a) shall be treated as deci- THOMAS) submitted an amendment in- (III) military deployment. (C) COORDINATION.—A plan under subpara- sions of the Medicare Geographic Classifica- tended to be proposed by him to the tion Review Board under paragraph (10) of bill H.R. 3090, to provide tax incentives graph (A) shall be developed subject to sub- sections (b) and (d) of section 135 of title 23, section 1886(d) of the Social Security Act (42 for economic recovery; which was or- United States Code. U.S.C. 1395ww(d)), except that payments dered to lie on the table; as follows: (2) DEVELOPMENT AND IMPLEMENTATION OF shall be made under such section to any hos- At the appropriate place in title IX, insert OTHER PLANS AND PLAN ELEMENTS.—In addi- pital reclassified into— the following: tion to the uses described in paragraph (1), a (1) the Newburgh, New York-PA Metropoli- State may use the obligation authority re- tan Statistical Area as of October 1, 2001, as SEC. 9ll. FEDERAL-AID HIGHWAY PROGRAMS. if the counties described in subsection (a)(1) (a) INCREASE IN OBLIGATION AUTHORITY.— ferred to in paragraph (1)(A) to develop and implement plans, processes, guidelines, had not been reclassified into such Area (1) IN GENERAL.—In addition to any obliga- under such subsection; tion authority provided by any other law en- standards, procedures, and intelligent trans- portation systems— (2) the Harrisburg-Lebanon-Carlisle, Penn- acted before, on, or after the date of enact- sylvania Metropolitan Statistical Area as of ment of this Act, $5,000,000,000 in obligation (A) to protect critical infrastructure and information systems; or October 1, 2001, as if the county described in authority shall be made available for fiscal subsection (a)(2) had not been reclassified (B) to ensure optimum performance of the year 2002 for obligation of funds apportioned into such Area under such subsection; and transportation system of the State in the under section 104(b) of title 23, United States (3) the Youngstown-Warren, Ohio Metro- event of a disaster or emergency. Code. politan Statistical Area as of October 1, 2001, (3) FEDERAL SHARE.— (2) DISTRIBUTION OF OBLIGATION AUTHOR- as if the county described in subsection (a)(3) (A) IN GENERAL.—Subject to subparagraph ITY.—The obligation authority made avail- had not been reclassified into such Area (B), notwithstanding any other provision of able by paragraph (1) shall be distributed— under such subsection. (A) to each State in accordance with the law, the Federal share of the cost of a percentage specified for the State in section project described in paragraph (1) or (2) shall SA 2138. Mr. GRAHAM (for himself, be 100 percent. 105(b) of title 23, United States Code; and Mrs. LINCOLN, and Mr. BINGAMAN) sub- (B) subject to the redistribution of unused (B) LIMITATIONS.—Subparagraph (A) shall mitted an amendment intended to be obligation authority using the method pre- apply only to the extent that obligation au- thority is distributed under subsection (a)(2), proposed by him to the bill H.R. 3090, scribed in section 1102(d) of the Transpor- to provide tax incentives for economic tation Equity Act for the 21st Century (23 and obligated in fiscal year 2002, for the U.S.C. 104 note; 112 Stat. 117). project. recovery; which was ordered to lie on (b) TEMPORARY INCREASE OF FEDERAL the table; as follows: SHARE FOR PROJECTS CARRIED OUT USING IN- SA 2136. Mr. SPECTER submitted an At the appropriate place insert the fol- CREASE IN OBLIGATION AUTHORITY.— amendment intended to be proposed by lowing: (1) DEFINITION OF QUALIFYING PROJECT.—In him to the bill H.R. 3090, to provide tax SEC. ll. SPECIAL RULE FOR MEMBERS OF UNI- this section, the term ‘‘qualifying project’’ incentives for economic recovery; FORMED SERVICES AND FOREIGN means a construction project under title 23, SERVICE IN DETERMINING EXCLU- which was ordered to lie on the table; SION OF GAIN FROM SALE OF PRIN- United States Code, with respect to which a as follows: CIPAL RESIDENCE. project agreement is executed during the pe- At the appropriate place, insert the fol- (a) IN GENERAL.—Subsection (d) of section riod beginning October 1, 2001, and ending lowing: 121 (relating to exclusion of gain from sale of September 30, 2002. SEC. . There is appropriated to the Depart- principal residence) is amended by adding at (2) INCREASED FEDERAL SHARE.— ment of Transportation for the Federal Rail- the end the following new paragraph: (A) IN GENERAL.—Subject to subparagraph road Administration for fiscal year 2002, out ‘‘(9) MEMBERS OF UNIFORMED SERVICES AND (B), notwithstanding any other provision of of any funds in the Treasury not otherwise FOREIGN SERVICE.— law, the Federal share of the cost of a quali- appropriated, $350,000,000 for capital grants ‘‘(A) IN GENERAL.—The running of the 5- fying project shall be a percentage of the to be made by the Secretary of Transpor- year period described in subsection (a) shall cost of the qualifying project specified by tation for rehabilitation, preservation, or be suspended with respect to an individual the State, up to 100 percent. improvement of railroad track (including during any time that such individual or such (B) LIMITATION.—Subparagraph (A) shall roadbed, bridges, and related track struc- individual’s spouse is serving on qualified of- apply only to obligation authority distrib- tures) of class II and class III railroads. ficial extended duty as a member of the uni- uted under subsection (a)(2). Funds appropriated by the preceding sen- formed services or of the Foreign Service. (3) REPAYMENT.— tence shall remain available until expended. ‘‘(B) QUALIFIED OFFICIAL EXTENDED DUTY.— (A) IN GENERAL.—A State that receives an For purposes of this paragraph— increased Federal share under paragraph (2) SA 2137. Mr. SPECTER (for himself ‘‘(i) IN GENERAL.—The term ‘qualified offi- with respect to 1 or more qualifying projects and Mr. SANTORUM) submitted an cial extended duty’ means any period of ex- shall repay to the United States the total tended duty as a member of the uniformed amount of the increased Federal share with amendment intended to be proposed by him to the bill H.R. 3090, to provide tax services or a member of the Foreign Service respect to all such qualifying projects of the during which the member serves at a duty State not later than September 30, 2003. incentives for economic recovery; station which is at least 50 miles from such (B) TREATMENT.—Each repayment by a which was ordered to lie on the table; property or is under Government orders to State under subparagraph (A) shall be depos- as follows: reside in Government quarters. ited in the Highway Trust Fund and credited At the end of title IX, add the following: ‘‘(ii) UNIFORMED SERVICES.—The term ‘uni- to the appropriate apportionment accounts SEC. ll. THREE-YEAR RECLASSIFICATION OF formed services’ has the meaning given such of the State. CERTAIN COUNTIES FOR PURPOSES term by section 101(a)(5) of title 10, United (c) USE OF INCREASE IN OBLIGATION AUTHOR- OF REIMBURSEMENT UNDER THE States Code, as in effect on the date of the ITY.— MEDICARE PROGRAM. enactment of this paragraph. (1) HIGHWAY INFRASTRUCTURE SECURITY AS- (a) IN GENERAL.—Notwithstanding any ‘‘(iii) FOREIGN SERVICE OF THE UNITED SESSMENTS AND PLANS.— other provision of law, effective for dis- STATES.—The term ‘member of the Foreign (A) IN GENERAL.—Each State shall use not charges occurring during fiscal years 2002, Service’ has the meaning given the term less than 1 percent of the obligation author- 2003, and 2004, for purposes of making pay- ‘member of the Service’ by paragraph (1), (2), ity distributed under subsection (a)(2) to as- ments under subsections (d) and (j) of section (3), (4), or (5) of section 103 of the Foreign sess and develop a plan to improve the pro- 1886 of the Social Security Act (42 U.S.C. Service Act of 1980, as in effect on such date tection, security, and emergency response 1395ww) to hospitals (including rehabilita- of enactment. capabilities of the transportation system of tion hospitals and rehabilitation units under ‘‘(iv) EXTENDED DUTY.—The term ‘extended the State. such subsection (j))— duty’ means any period of active duty pursu- (B) REQUIRED ELEMENTS.—Under subpara- (1) in Columbia, Lackawanna, Luzerne, ant to a call or order to such duty for a pe- graph (A), a State shall— Wyoming, and Lycoming Counties, Pennsyl- riod in excess of 90 days or for an indefinite (i) conduct a system-wide assessment of vania, such counties are deemed to be lo- period.’’. the scope and future implications of security cated in the Newburgh, New York-PA Metro- (b) EFFECTIVE DATE.—The amendment and emergency response concerns; politan Statistical Area; made by this section shall apply to sales and (ii) develop and apply criteria to identify (2) in Northumberland County, Pennsyl- exchanges after the date of the enactment of critical infrastructure and assess the vulner- vania, such county is deemed to be located in this Act. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11863 SA 2139. Mr. GRAHAM (for himself, ment, and supplementary materials used by Administrator shall allocate the funds to and Mr. TORRICELLI) submitted an the eligible educator in the classroom.’’. States in accordance with the formula for amendment intended to be proposed by (b) ELIGIBLE EDUCATOR.—Section 62 is the distribution of funds described in section him to the bill H.R. 3090, to provide tax amended by adding at the end the following: 1452(a)(1)(D) of the Safe Drinking Water Act ‘‘(d) DEFINITION; SPECIAL RULES.— (42 U.S.C. 300j–12(a)(1)(D)). incentives for economic recovery; ‘‘(1) ELIGIBLE EDUCATOR.— (3) NOTICE.—Not later than 30 days after which was ordered to lie on the table; ‘‘(A) IN GENERAL.—For purposes of sub- the date described in paragraph (2), each as follows: section (a)(2)(D), the term ‘eligible educator’ State shall provide to each eligible entity in At the appropriate place insert the fol- means, with respect to any taxable year, an the State a notice that funds are available to lowing: individual who is a kindergarten through assist the eligible entity in addressing imme- SEC. ll. METHOD OF ACCOUNTING FOR DEPOS- grade 12 teacher, instructor, counselor, prin- diate physical security needs. ITS RECEIVED BY ACCRUAL BASIS cipal, or aide in a school for at least 900 (c) AWARD OF GRANTS.— TOUR OPERATORS. hours during a school year. (1) APPLICATION.—An eligible entity that In the case of a tour operator using an ac- ‘‘(B) SCHOOL.—The term ‘school’ means any seeks to receive a grant under this section crual method of accounting, amounts re- school which provides elementary education shall submit to the State in which the eligi- ceived from or on behalf of passengers in ad- or secondary education (kindergarten ble entity is located an application for the vance of the departure of a tour arranged by through grade 12), as determined under State grant in such form and containing such in- such operator— law. formation as the State may prescribe. (1) shall be treated as properly accounted ‘‘(2) COORDINATION WITH EXCLUSIONS.—A de- (2) CONDITION FOR RECEIPT OF GRANT.—An for under the Internal Revenue Code of 1986 duction shall be allowed under subsection eligible entity that receives a grant under if they are accounted for under a method (a)(2)(D) for expenses only to the extent the this section shall agree to expend all funds permitted by section 3 of Revenue Procedure amount of such expenses exceeds the amount provided by the grant not later than Sep- 71–21, and excludable under section 135, 529(c)(1), or tember 30 of the fiscal year in which this Act (2) for purposes of Revenue Procedure 71– 530(d)(2) for the taxable year.’’. is enacted. (3) DISADVANTAGED, SMALL, AND RURAL ELI- 21, shall be deemed earned as of the date the (c) EFFECTIVE DATE.—The amendments tour departs. made by this section shall apply to taxable GIBLE ENTITIES.—A State that awards a grant years beginning in calendar years 2002 and under this section shall ensure, to the max- SA 2140. Mr. KERRY (for himself, Mr. 2003. imum extent practicable in accordance with the income and population distribution of LIEBERMAN, and Mr. KENNEDY) an sub- SA 2142. Mr. SMITH of New Hamp- the State, that a sufficient percentage of the mitted an amendment intended to be funds allocated to the State under sub- proposed by him to the bill H.R. 3090, shire (for himself and Mr. JEFFORDS) section (b)(2) are available for disadvan- to provide tax incentives for economic submitted an amendment intended to taged, small, and rural eligible entities in recovery; which was ordered to lie on be proposed by him to the bill H.R. the State. the table; as follows: 3090, to provide tax incentives for eco- (d) ELIGIBLE PROJECTS AND ACTIVITIES.— (1) IN GENERAL.—A grant awarded by a At the end of title IX, insert the following: nomic recovery; which was ordered to lie on the table; as follows: State under subsection (c) shall be used by SEC. ll. ALTERNATIVE MINIMUM TAX RELIEF an eligible entity to carry out 1 or more eli- WITH RESPECT TO INCENTIVE At the appropriate place in title IX, insert gible projects or activities. STOCK OPTIONS EXERCISED DUR- the following: ING 2000. (2) COORDINATION WITH EXISTING TRAINING SEC. 9ll. WATER SECURITY GRANTS. In the case of an incentive stock option (as PROGRAMS.—In awarding a grant for an eligi- (a) DEFINITIONS.—In this section: ble project or activity described in sub- defined in section 422 of the Internal Rev- (1) ADMINISTRATOR.—The term ‘‘Adminis- section (a)(3)(B)(vii), a State shall, to the enue Code of 1986) exercised during calendar trator’’ means the Administrator of the En- maximum extent practicable, coordinate year 2000, the amount taken into account vironmental Protection Agency. with training programs of rural water asso- under section 56(b)(3) of such Code by reason (2) ELIGIBLE ENTITY.—The term ‘‘eligible ciations of the State that are in effect as of of such exercise shall not exceed the amount entity’’ means a publicly- or privately-owned the date on which the grant is awarded. that would have been taken into account if, drinking water or wastewater facility. (e) AUTHORIZATION OF APPROPRIATIONS.— on the date of such exercise, the fair market (3) ELIGIBLE PROJECT OR ACTIVITY.— There is authorized to be appropriated to value of the stock acquired pursuant to such (A) IN GENERAL.—The term ‘‘eligible carry out this section $50,000,000 for the fis- option had been an amount equal to 150 per- project or activity’’ means a project or activ- cal year in which this Act is enacted. cent of its fair market value as of April 15, ity carried out by an eligible entity to ad- 2001 (or, if such stock is sold or exchanged on dress an immediate physical security need. SA 2143. Mr. SMITH of New Hamp- or before such date, 150 percent of the (B) INCLUSIONS.—The term ‘‘eligible project shire submitted an amendment in- amount realized on such sale or exchange). or activity’’ includes a project or activity re- tended to be proposed by him to the bill H.R. 3090, to provide tax incentives SA 2141. Ms. COLLINS (for herself lating to— (i) security staffing; for economic recovery; which was or- and Mr. WARNER) submitted an amend- (ii) detection of intruders; dered to lie on the table; as follows: ment intended to be proposed by her to (iii) installation and maintenance of fenc- At the appropriate place in title IX, insert the bill H.R. 3090, to provide tax incen- ing, gating, or lighting; the following: tives for economic recovery; which was (iv) installation of and monitoring on SEC. 9 . OPERATION AND MAINTENANCE OF ordered to lie on the table; as follows: closed-circuit television; WHITE MOUNTAIN NATIONAL FOR- At the end of title IX, insert the following: (v) rekeying of doors and locks; EST. (vi) site maintenance, such as maintenance SEC. ll. ADJUSTED GROSS INCOME DETER- For a program under which the Secretary MINED BY TAKING INTO ACCOUNT to increase visibility around facilities, win- of Agriculture shall employ former employ- CERTAIN EXPENSES OF ELEMEN- dows, and doorways; ees of the American Tissue Mills in the cities TARY AND SECONDARY SCHOOL (vii) development, acquisition, or use of of Berlin and Gorham in the State of New TEACHERS. guidance manuals, educational videos, or Hampshire to carry out operation and main- (a) IN GENERAL.—Section 62(a)(2) (relating training programs; and tenance projects at White Mountain Na- to certain trade and business deductions of (viii) a program established by a State to tional Forest in the State of New Hampshire, employees) is amended by adding at the end provide technical assistance or training to there is appropriated $1,750,000, to remain the following: water and wastewater facility managers, es- available until expended. ‘‘(D) CERTAIN EXPENSES OF ELEMENTARY pecially such a program that emphasizes AND SECONDARY SCHOOL TEACHERS.—The de- small or rural eligible entities. SA 2144. Mr. DURBIN submitted an ductions allowed by section 162 which consist (C) EXCLUSIONS.—The term ‘‘eligible amendment intended to be proposed by of expenses, not in excess of $1,000, paid or project or activity’’ does not include any him to the bill H.R. 3090, to provide tax incurred by an eligible educator— large-scale or system-wide project that in- incentives for economic recovery; ‘‘(i) by reason of the participation of the cludes a large capital improvement or vul- which was ordered to lie on the table; educator in professional development nerability assessment. as follows: courses related to the curriculum and aca- (b) ESTABLISHMENT OF PROGRAM.— At the appropriate place in title IX, insert demic subjects in which the educator pro- (1) IN GENERAL.—The Administrator shall the following: vides instruction or to the students for establish a program to allocate to States, in SEC. ll. SPECIAL RULE FOR CERTAIN AIR- which the educator provides instruction, and accordance with paragraph (2), funds for use CRAFT CONTRACTS WITH RESPECT ‘‘(ii) in connection with books, supplies in awarding grants to eligible entities under TO BONUS DEPRECIATION PROVI- (other than nonathletic supplies for courses subsection (c). SION. of instruction in health or physical edu- (2) ALLOCATION TO STATES.—Not later than (a) IN GENERAL.—Section 168(k)(2)(C) (re- cation), computer equipment (including re- 30 days after the date on which funds are lating to special allowance for certain prop- lated software and services) and other equip- made available to carry out this section, the erty acquired after September 10, 2001, and S11864 CONGRESSIONAL RECORD — SENATE November 14, 2001 before September 22, 2002), as added by this incentives for economic recovery; tuting the basis for the donee’s exemption Act, is amended by adding at the end the fol- which was ordered to lie on the table; under section 501 (or, in the case of a govern- lowing: as follows: mental unit, to any purpose or function de- ‘‘(iii) CERTAIN AIRCRAFT CONTRACTS DIS- scribed under subsection (c)), At the end of title IX, insert the following: REGARDED FOR PURPOSE OF BINDING CONTRACT ‘‘(v) the taxpayer receives from the donee a SEC. ll. TECHNICAL CORRECTION TO DEFINI- LIMITATION.— written statement representing that the TION OF HARD CIDER. ‘‘(I) IN GENERAL.—For purposes of subpara- donee’s use of the property will be in accord- (a) IN GENERAL.—Paragraph (6) of section graph (A)(iii)(I), a qualified domestic aircraft 5041(b) (relating to rates of tax) is amended ance with the provisions of clause (iv), and contract shall be disregarded for purposes of to read as follows: ‘‘(vi) the written appraisal referred to in determining whether a written binding con- ‘‘(6) 22.6 cents per wine gallon on hard cider clause (ii) includes evidence of the extent (if tract for the acquisition of a domestic air- which is a still, carbonated, or sparkling any) to which property created by the per- craft was in effect before September 11, 2001. wine— sonal efforts of the taxpayer and of the same ‘‘(II) QUALIFIED DOMESTIC AIRCRAFT CON- ‘‘(A) which is prepared by fermenting apple type as the donated property is or has been— TRACT.—For purposes of this clause, the term or pear juice, either fresh or diluted, without ‘‘(I) owned, maintained, and displayed by ‘qualified domestic aircraft contract’ means at any time— organizations described in subsection a contract in effect before September 11, ‘‘(i) adding alcoholic liquors or fortifying (b)(1)(A), and 2001, for the acquisition of one or more do- with alcohol, or ‘‘(II) sold to or exchanged by persons other mestic aircraft if less than 50 percent of the ‘‘(ii) using any fruit product other than ap- than the taxpayer, donee, or any related per- stated purchase price for such aircraft had ples and pears, except that flavoring may be son (as defined in section 465(b)(3)(C)). been paid to the seller of the aircraft on or added as provided in subparagraph (C)(iii), ‘‘(C) MAXIMUM DOLLAR LIMITATION; NO CAR- before September 11, 2001. ‘‘(B) which contains at least one-half of 1 RYOVER OF INCREASED DEDUCTION.—The in- ‘‘(III) DOMESTIC AIRCRAFT.—For purposes of percent and less than 7 percent alcohol by crease in the deduction under this section by this clause, the term ‘domestic aircraft’ volume, and reason of this paragraph for any taxable means aircraft manufactured or assembled ‘‘(C) with respect to which, at any time be- year— predominantly in the United States by a do- fore or after fermentation— ‘‘(i) shall not exceed the artistic adjusted mestic corporation, and for use by a domes- ‘‘(i) apple juice, pear juice, water, or sugar, gross income of the taxpayer for such tax- tic corporation engaged in the business of or any combination, may be added, and able year, and transporting persons or property by air.’’. ‘‘(ii) the cider may be flavored using nat- ‘‘(ii) shall not be taken into account in de- (b) EFFECTIVE DATE.—The amendment ural flavorings or natural food products termining the amount which may be carried made by this section shall apply to property other than apples or pears, but only if such from such taxable year under subsection (d). placed in service after September 10, 2001, in flavorings and products do not exceed 5 per- ‘‘(D) ARTISTIC ADJUSTED GROSS INCOME.— taxable years ending after such date. cent by volume of the finished cider.’’ For purposes of this paragraph, the term ‘ar- (b) EFFECTIVE DATE.—The amendment tistic adjusted gross income’ means that por- SA 2145. Mr. DURBIN submitted an made by this section shall take effect on the tion of the adjusted gross income of the tax- amendment intended to be proposed by date of the enactment of this Act. payer for the taxable year attributable to— him to the bill H.R. 3090, to provide tax ‘‘(i) income from the sale or use of prop- incentives for economic recovery; SA 2147. Mr. LEAHY submitted an erty created by the personal efforts of the which was ordered to lie on the table; amendment intended to be proposed by taxpayer which is of the same type as the do- as follows: him to the bill H.R. 3090, to provide tax nated property, and ‘‘(ii) income from teaching, lecturing, per- At the appropriate place in title IX, insert incentives for economic recovery; forming, or similar activity with respect to the following: which was ordered to lie on the table; property described in clause (i). SEC. ll. ADVANCE REFUNDINGS FOR CERTAIN as follows: ‘‘(E) PARAGRAPH NOT TO APPLY TO CERTAIN AIRPORT BONDS. At the end of title IX, insert the following: CONTRIBUTIONS.—Subparagraph (A) shall not (a) IN GENERAL.—Paragraph (2) of section SEC. ll. CHARITABLE CONTRIBUTIONS OF CER- apply to any charitable contribution of any 149(d) is amended by inserting at the end the TAIN ITEMS CREATED BY THE TAX- letter, memorandum, or similar property following new sentence: ‘‘The preceding sen- PAYER. which was written, prepared, or produced by tence shall not apply to a bond issued after (a) IN GENERAL.—Subsection (e) of section or for an individual while the individual is September 11, 2001, and before January 1, 170 (relating to certain contributions of ordi- an officer or employee of any person (includ- 2005, to advance refund a qualified airport fa- nary income and capital gain property) is ing any government agency or instrumen- cility bond (as defined in paragraph (7)).’’. amended by adding at the end the following (b) POST-SEPTEMBER 11, 2001 ADVANCE new paragraph: tality) unless such letter, memorandum, or REFUNDINGS.—Clause (i) of section ‘‘(7) SPECIAL RULE FOR CERTAIN CONTRIBU- similar property is entirely personal. 149(d)(3)(A) is amended by striking ‘‘or’’ at TIONS OF LITERARY, MUSICAL, OR ARTISTIC ‘‘(F) COPYRIGHT TREATED AS SEPARATE the end of subclause (I), by inserting ‘‘or’’ at COMPOSITIONS.— PROPERTY FOR PARTIAL INTEREST RULE.—In the end of subclause (II), and by adding the ‘‘(A) IN GENERAL.—In the case of a qualified the case of a qualified artistic charitable following new subclause: artistic charitable contribution— contribution, the tangible literary, musical, ‘‘(III) the 1st advance refunding after Sep- ‘‘(i) the amount of such contribution shall artistic, or scholarly composition, or similar tember 11, 2001, and before January 1, 2002, of be the fair market value of the property con- property and the copyright on such work the original bond if the original bond was tributed (determined at the time of such con- shall be treated as separate properties for issued before September 12, 2001, for an air- tribution), and purposes of this paragraph and subsection port (within the meaning of section 142(a)(1)) ‘‘(ii) no reduction in the amount of such (f)(3).’’. without regard to whether the refunding contribution shall be made under paragraph (b) EFFECTIVE DATE.—The amendment bond or the refunded bond is a private activ- (1). made by this section shall apply to contribu- tions made after the date of the enactment ity bond,’’. ‘‘(B) QUALIFIED ARTISTIC CHARITABLE CON- (c) DEFINITION OF QUALIFIED AIRPORT FA- TRIBUTION.—For purposes of this paragraph, of this Act in taxable years ending after such CILITY BOND.—Section 149(d) is amended by the term ‘qualified artistic charitable con- date. redesignating paragraph (7) as paragraph (8) tribution’ means a charitable contribution of and by inserting after paragraph (6) the fol- any literary, musical, artistic, or scholarly SA 2148. Mr. JEFFORDS (for himself lowing new paragraph: composition, or similar property, or the and Mr. SMITH of New Hampshire) sub- ‘‘(7) QUALIFIED AIRPORT FACILITY BOND.— copyright thereon (or both), but only if— mitted an amendment intended to be For purposes of this subsection, the term ‘‘(i) such property was created by the per- proposed by him to the bill H.R. 3090, ‘qualified airport facility bond’ means a pri- sonal efforts of the taxpayer making such to provide tax incentives for economic vate activity bond which was outstanding on contribution no less than 18 months prior to recovery; which was ordered to lie on September 11, 2001, and the proceeds of which such contribution, the table; as follows: were used— ‘‘(ii) the taxpayer— At the end of the bill, add the following: ‘‘(A) to provide airport facilities within the ‘‘(I) has received a qualified appraisal of meaning of section 142(a)(1) generally avail- the fair market value of such property in ac- TITLE ll—WATER INFRASTRUCTURE SE- able to members of the general public, or cordance with the regulations under this sec- CURITY AND RESEARCH DEVELOPMENT ‘‘(B) to finance the costs of issuance of tion, and SEC. ll01. SHORT TITLE. such bonds as described in section 147(g).’’. ‘‘(II) attaches to the taxpayer’s income tax This title may be cited as the ‘‘Water In- (d) EFFECTIVE DATE.—The amendments return for the taxable year in which such frastructure Security and Research Develop- made by this section shall take effect on the contribution was made a copy of such ap- ment Act’’. date of the enactment of this Act. praisal, SEC. ll02. DEFINITIONS. ‘‘(iii) the donee is an organization de- In this title: SA 2146. Mr. LEAHY submitted an scribed in subsection (b)(1)(A), (1) ADMINISTRATOR.—The term ‘‘Adminis- amendment intended to be proposed by ‘‘(iv) the use of such property by the donee trator’’ means the Administrator of the En- him to the bill H.R. 3090, to provide tax is related to the purpose or function consti- vironmental Protection Agency. November 14, 2001 CONGRESSIONAL RECORD — SENATE S11865

(2) RESEARCH INSTITUTION.— (3) develop technologies and processes for trator, the Administrator shall use (A) IN GENERAL.—The term ‘‘research insti- addressing the mitigation, response, and re- $20,000,000 to provide assistance for small tution’’ means a public or private nonprofit covery of biological, chemical, and radio- water supply systems to comply with re- institution or other entity that— logical contamination of water supply sys- quirements relating to arsenic in drinking (i) has the expertise to perform research on tems; water. the security of water supply systems; and (4) implement the requirements of Presi- f (ii) complies with any applicable laws (in- dential Decision Directive 63 by refining and cluding regulations) for the safeguarding of operating the Information Sharing and Anal- AUTHORITY FOR COMMITTEES TO sensitive information. ysis Center to capture and share information MEET (B) INCLUSION.—The term ‘‘research insti- concerning threats, malevolent events, and COMMITTEE ON AGRICULTURE, NUTRITION, AND tution’’ includes a national laboratory. best practices; or FORESTRY (3) WATER SUPPLY SYSTEM.— (5) test and evaluate new technologies and (A) IN GENERAL.—The term ‘‘water supply processes by— Mr. REID. Mr. President, I ask unan- system’’ means a public water system (as de- (A) developing regional pilot facilities to imous consent that the Committee on fined in section 1401 of the Safe Drinking demonstrate upgraded security systems, as- Agriculture, Nutrition, and Forestry be Water Act (42 U.S.C. 300f)) or a publicly sess new technologies, and determine the ef- authorized to meet to conduct a busi- owned treatment works (as defined in sec- fect of enhanced security on operations and ness meeting during the session of the tion 212 of the Federal Water Pollution Con- costs of the water supply system; or Senate on Wednesday, November 14, trol Act (33 U.S.C. 1292)). (B) conducting demonstrations of other 2001. The purpose of this business meet- (B) INCLUSIONS.—The term ‘‘water supply technologies and processes to protect water ing will be to discuss the new Federal system’’ includes— supply systems. (i) a water source, including— (d) SELECTION CRITERIA.— farm bill. (I) surface water in a lake, reservoir, or (1) IN GENERAL.—The Administrator, in The PRESIDING OFFICER. Without other impoundment; consultation with representatives of appro- objection, it is so ordered. (II) flowing water in a river; or priate Federal and State agencies, water sup- COMMITTEE ON ENERGY AND NATURAL (III) ground water in an aquifer; ply systems, and other appropriate public RESOURCES (ii) a system of aqueducts, tunnels, res- and private entities, shall establish guide- Mr. REID. Mr. President, I ask unan- ervoirs, or pumping facilities to convey lines, procedures, and criteria for the award imous consent that the Committee on of assistance under subsection (a). water from the water source; Energy and Natural Resources be au- (iii) a treatment facility; (2) REQUIREMENTS.—The Administrator (iv) a distribution system carrying finished shall ensure that projects carried out under thorized to meet during the session of water to users through a system of mains this title reflect the needs of water supply the Senate on Wednesday, November 14 and subsidiary pipes; or systems of various sizes and geographic at 9:30 a.m. to conduct a hearing. The (v) a wastewater collection and treatment areas of the United States. committee will receive testimony on system. (3) TRANSMISSION TO CONGRESS.—The Ad- the nomination of Kathleen Clarke to SEC. ll03. WATER INFRASTRUCTURE SECURITY ministrator shall transmit to the Committee be Director of the Bureau of Land Man- GRANT PROGRAM. on Science of the House of Representatives agement, Department of the Interior. (a) IN GENERAL.—The Administrator shall and the Committee on Environment and Public Works of the Senate a copy of the The PRESIDING OFFICER. Without establish a program under which the Admin- objection, it is so ordered. istrator shall make grants to, and enter into guidelines, procedures, and criteria estab- cooperative agreements with, research insti- lished under paragraph (1). COMMITTEE ON ENVIRONMENT AND PUBLIC tutions to improve the protection and secu- (4) PUBLICATION.—Not earlier than 30 days WORKS rity of water supply systems by carrying out after the date on which the Administrator Mr. REID. Mr. President, I ask unan- eligible projects described in subsection (c) transmits to Congress the guidelines, proce- imous consent that the Committee on on technologies and processes that address dures, and criteria under paragraph (3), the Environment and Public Works, Sub- physical and cyber threats to water supply Administrator shall publish the guidelines, committee on Superfund, Toxics, Risk, systems. procedures, and criteria in the Federal Reg- ister. and Waste Management be authorized (b) CONSULTATION.—The Administrator to meet on Wednesday, November 14, shall consult with the Director of Central In- (e) AMOUNT.—Assistance with respect to any 1 project carried out under this title telligence to ensure that programs con- 2001 at 2 p.m. to conduct a hearing on shall not exceed $1,000,000 in any 1 year. ducted pursuant to this title appropriately S. 1602, the Chemical Site Security Act (f) COST SHARING.— protect classified information. of 2001. The hearing will be held in Rm. (1) FEDERAL SHARE.—The Federal share of SD–406. (c) ELIGIBLE PROJECTS.—To be eligible for the cost of carrying out— assistance under subsection (a), a project (A) a project under subsection (c)(5) shall The PRESIDING OFFICER. Without shall— be 50 percent; and objection, it is so ordered. (1) assess security issues for water supply (B) a project under paragraphs (1) through COMMITTEE ON FOREIGN RELATIONS systems by— (4) of subsection (c) shall be 100 percent. (A) conducting system-specific and system- Mr. REID. Mr. President, I ask unan- (2) NON-FEDERAL SHARE.—The non-Federal wide assessments of the scope of and future imous consent that the Committee on share of the cost of carrying out a project Foreign Relations be authorized to implications of security issues for water sup- under subsection (c)(5) may be provided in ply systems; and cash or in-kind. meet during the session of the Senate (B) developing and refining vulnerability (g) INFORMATION SHARING.—As soon as on Wednesday, November 14, 2001, at assessment tools for water supply systems to practicable after the results of a project car- 10:30 a.m. to hold a business meeting. identify— ried out under this title have been evaluated, Agenda (i) physical vulnerabilities, including bio- the Administrator shall disseminate to logical, chemical, and radiological contami- water supply systems information on the re- Nominations nation; and sults of the project through— (ii) cyber vulnerabilities; (1) the Information Sharing and Analysis George Argyros, Sr., of California, to (2) protect water supply systems from a po- Center; or be Ambassador to Spain, and to serve tential threat by— (2) other appropriate means. concurrently and without additional (A) developing technologies, processes, (h) REPORT.—The Administrator shall, as compensation as Ambassador to An- guidelines, standards, and procedures that appropriate, periodically submit to the Com- dorra. protect— mittee on Science of the House of Represent- Robert Beecroft, of Maryland, for (i) the physical assets of water supply sys- atives and the Committee on Environment tems, including protection from the impact and Public Works of the Senate a report on rank of Ambassador during his tenure of biological, chemical, and radiological con- the status of the program established under of service as Head of Mission, Organiza- tamination; subsection (a). tion for Security and Cooperation in (ii) information systems, including process SEC. ll04. AUTHORIZATION OF APPROPRIA- Europe (OSCE), Bosnia and controls and supervisory control and data TIONS. Herzegovina. acquisition; and There is authorized to be appropriated to Lyons Brown, Jr., of Kentucky, to be (iii) cyber systems at water supply sys- carry out this title $12,000,000 for each of fis- Ambassador to the Republic of Austria. tems; cal years 2002 through 2007, to remain avail- Raymond Burghardt, of New York, to (B) developing real-time monitoring sys- able until expended. be Ambassador to Vietnam. tems to protect against biological, chemical, SEC. ll05. ASSISTANCE FOR ARSENIC REQUIRE- or radiological attack; and MENTS. Larry Dinger, of Iowa, to be Ambas- (C) developing educational and awareness For each of fiscal years 2002 and 2003, from sador to Federated States of Micro- programs for water supply systems; unobligated funds available to the Adminis- nesia. S11866 CONGRESSIONAL RECORD — SENATE November 14, 2001 Charles Greenwood, Jr., of Florida, The PRESIDING OFFICER. Without —H.R. 1766, a bill to designate the fa- for rank of Ambassador as Coordinator objection, it is so ordered. cility of the United States Postal for Asia Pacific Economic Cooperation COMMITTEE ON GOVERNMENTAL AFFAIRS Service located at 4270 John Marr (APEC). Mr. REID. Mr. President, I ask unan- Drive in Annandale, Virginia, as Darryl Johnson, of Washington, to be imous consent that the Committee on the ‘‘Stan Parris Post Office Build- Ambassador to the Kingdom of Thai- Governmental Affairs be authorized to ing.’’ land. meet on Wednesday, November 14, 2001, Nominations (Contacts: Marianne Stephan Minikes, of the District of at 9:15 a.m., to hold a business meeting Columbia, to be U.S. Representative to Upton, Cynthia Gooen Lesser, Jo- to consider pending committee busi- hanna Hardy, and Mason Alinger) the Organization for Security and Co- ness. operation in Europe, with the rank of Odessa F. Vincent to be an Associate Agenda Ambassador. Judge for the Superior Court of the William Montgomery, of Pennsyl- Legislation District of Columbia. vania, to be Ambassador to the Federal The PRESIDING OFFICER. Without S. 1498/H.R. 2456, a bill to provide objection, it is so ordered. Republic of Yugoslavia. that Federal employees, members of SELECT COMMITTEE ON INTELLIGENCE Charles Pritchard, of the District of the foreign service, members of the Columbia, for rank of Ambassador as Mr. REID. Mr. President, I ask unan- uniformed services, family members imous consent that the Select Com- Special Envoy for Negotiations with and dependents of such employees and the Democratic People’s Republic of mittee on Intelligence be authorized to members, and other individuals may hold a closed hearing on Intelligence Korea and U.S. Representative to Ko- retain for personal use promotional rean Peninsula Energy Development Matters on Wednesday, November 14, items received as a result of official 2001 at 3:15 p.m. Organization. Government travel. (Contacts: Larry Melvin Sembler, of Florida, to be The PRESIDING OFFICER. Without Novey, Nanci Langley and Alison Bean) objection, it is so ordered. Ambassador to Italy. S. 1382, District of Columbia Family SUBCOMMITTEE ON FISHERIES, WILDLIFE, AND Ronald Weiser, of Michigan, to be Court Act of 2001. (Contacts: Marianne Ambassador to the Slovak Republic. WATER Upton, Cynthia Gooen Lesser, Johanna Mr. REID. Mr. President, I ask unan- Additional nominees to be an- Hardy, and Mason Alinger) nounced. imous consent that the Committee on H.R. 1499, District of Columbia Col- Environment and Public Works, Sub- Legislation lege Access Act Technical Corrections committee on Fisheries, Wildlife, and Act of 2001. (Contacts: Marianne Upton, S. . An original bill to authorize ap- Water be authorized to meet on Cynthia Gooen Lesser, Johanna Hardy, propriations under the Arms Export Wednesday, November 14, 2001 at 9:30 and Mason Alinger) a.m. to conduct a hearing on national Control Act and the Foreign Assistance H.R. 2199, District of Columbia Police Act of 1961 for security assistance for water supply issues. The hearing will Coordination Amendment Act of 2001. be held in the Rm. SD–406. fiscal years 2002 and 2003, and for other (Contacts: Marianne Upton, Cynthia purposes. The PRESIDING OFFICER. Without Gooen Lesser, Johanna Hardy, and objection, it is so ordered. Treaties Mason Alinger) SUBCOMMITTEE ON INTERNATIONAL SECURITY, H.R. 2061, a bill to amend the charter Treaty Doc. 106–6, International Con- PROLIFERATION AND FEDERAL SERVICES of Southeastern University of the Dis- vention for the suppression of Terrorist Mr. REID. Mr. President, I ask unan- trict of Columbia. (Contacts: Marianne Bombings, adopted by the United Na- imous consent that the Committee on Upton, Cynthia Gooen Lesser, Johanna tions General Assembly on December Governmental Affairs’ Subcommittee Hardy, and Mason Alinger) 15, 1997, and signed on behalf of the on International Security, Prolifera- S. 1562, a bill to amend title 39, United States of America on January tion and Federal Services be authorized United States Code, with respect to co- 12, 1998. to meet on Wednesday, November 14, operative mailings. (Contacts: Nanci Treaty Doc. 106–41, Protocol Relating 2001 at 2:30 p.m. for a hearing entitled Langley, Susan Propper, and Alison to the Madrid Agreement Concerning ‘‘Combating Proliferation of Weapons Bean) of Mass Destruction (WMD) with Non- the International registration of marks H.R. 2336, a bill to make permanent adopted at Madrid June 27, 1989, which Proliferation Programs: Non-Prolifera- the authority to redact financial dis- tion Assistance Coordination Act of entered into force December 1, 1995. closure statements of judicial employ- Treaty Doc. 106–49, International 2001.’’ ees and judicial officers. (Contacts: The PRESIDING OFFICER. Without Convention for the Suppression of the Larry Novey and Fred Ansell) Financing of Terrorism, adopted by the objection, it is so ordered. H.R. 2559, a bill to amend chapter 90 SUBCOMMITTEE ON INTERNATIONAL TRADE AND United Nations General Assembly on of title 5, United States Code, relating December 9, 1999, and signed on behalf FINANCE to Federal long-term care insurance. Mr. REID. Mr. President, I ask unan- of the United States of America on (Contacts: Nanci Langley, Larry January 10, 2000. imous consent that the Subcommittee Novey, and Alison Bean) on International Trade and Finance of The presiding officer. Without objec- Postal Office naming bills: (Contacts: tion, it is so ordered. the Committee on Banking, Housing, Nanci Langley, Jason Yanussi, Alison and Urban Affairs be authorized to COMMITTEE ON FOREIGN RELATIONS Bean, and Ann Fisher) meet during the session of the Senate Mr. REID. Mr. President, I ask unan- —S. 1184/H.R. 2261, a bill to designate on Wednesday, November 14, 2001, at imous consent that the Committee on the facility of the United States 2:30 p.m., to conduct an oversight hear- Foreign Relations be authorized to Postal Service located at 2853 Can- ing on ‘‘Hawala and Underground Ter- meet during the session of the Senate dler Road in Decatur, Georgia, as rorist Financing Mechanisms.’’ on Wednesday, November 14, 2001, at 4 the ‘‘Earl T. Shinhoster Post Of- The PRESIDING OFFICER. Without p.m., to hold a nomination hearing. fice.’’ objection, it is so ordered. Agenda —S. 1381/H.R. 2454, a bill to redesig- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT nate the facility of the United MANAGEMENT, RESTRUCTURING AND THE DIS- Nominees States Postal Service located at TRICT OF COLUMBIA Panel 1: Gaddi H. Vasquez, of Cali- 5472 Crenshaw Boulevard in Los An- Mr. REID. Mr. President, I ask unan- fornia, to be Director of the Peace geles, California, as the ‘‘Congress- imous consent that the Committee on Corps, to be introduced by the Honor- men Julian C. Dixon Post Office Governmental Affairs and the Sub- able Christopher Cox, U.S. House of Building.’’ committee on Oversight of Government Representatives, Washington, DC; and —S. 737, a bill to designate the facil- Management, Restructuring and the Josephine K. Olsen, of Maryland, to be ity of the United States Postal District of Columbia be authorized to Deputy Director of the Peace Corps. Service located at 811 South Main meet on Wednesday, November 14, 2001 Panel 2: Public witnesses to be an- Street in Yerington, Nevada, as the at 10:30 a.m. for a hearing entitled nounced. ‘‘Joseph E. Dini, Jr. Post Office.’’ ‘‘Has Airline Security Improved?’’ November 14, 2001 CONGRESSIONAL RECORD — SENATE S11867 The PRESIDING OFFICER. Without be confirmed, the motion to reconsider row the Senate proceed to the consider- objection, it is so ordered. be laid on the table, any statements be ation of the conference report accom- SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS printed in the RECORD, the President be panying H.R. 2330, the Agriculture ap- Mr. REID. Mr. President, I ask unan- immediately notified of the Senate’s propriations bill; that when the con- imous consent that the Subcommittee action, and the Senate return to legis- ference report is considered, it be under on Public Lands and Forests of the lative session. the following limitations: That there Committee on Energy and Natural Re- The PRESIDING OFFICER. Without be a time limitation of 60 minutes for sources be authorized to meet during objection, it is so ordered. debate, with the time equally divided The nomination considered and con- the session of the Senate on Wednes- and controlled between the chairman firmed is as follows: day, November 14, at 2:30 p.m. to con- and ranking member of the sub- duct a hearing. The subcommittee will EXECUTIVE OFFICE OF THE PRESIDENT committee or their designees, with 20 receive testimony on the investigative Mark W. Everson, of Texas, to be Con- minutes of the chairman’s time under troller, Office of Federal Financial Manage- the control of Senator BYRD and 15 report of the Thirtymile Fire and the ment, Office of Management and Budget. prevention of future fire fatalities. minutes of the ranking member’s time f The PRESIDING OFFICER. Without under the control of Senator MCCAIN; objection, it is so ordered. LEGISLATIVE SESSION that upon the use or yielding back of SUBCOMMITTEE ON TECHNOLOGY, TERRORISM, The PRESIDING OFFICER. Under time, the Senate, without further in- AND GOVERNMENT INFORMATION the previous order, the Senate will re- tervening action or debate, proceed to Mr. REID. Mr. President, I ask unan- sume legislative session. vote on adoption of the conference re- port. imous consent that the Committee on f the Judiciary Subcommittee on Tech- The PRESIDING OFFICER. Without ORDERS FOR THURSDAY, nology, Terrorism and Government In- objection, it is so ordered. NOVEMBER 15, 2001 formation be authorized to meet to Mr. REID. Mr. President, I suggest conduct a hearing on Wednesday, No- Mr. REID. Mr. President, I ask unan- the absence of a quorum. vember 14, 2001, at 10:00 a.m. in Dirksen imous consent that when the Senate The PRESIDING OFFICER. The 226. completes its business today, it ad- clerk will call the roll. journ until the hour of 10 a.m., Thurs- Witness List The legislative clerk proceeded to day, November 15; that immediately call the roll. following the prayer and the pledge, Panel I: Michael Kirkpatrick, Assist- Mr. REID. Mr. President, I ask unan- the Journal of proceedings be approved ant Director, Criminal Justice Infor- imous consent the order for the to date, the morning hour be deemed mation Systems Division, Federal Bu- quorum call be rescinded. reau of Investigation; and Monte expired, the time for the two leaders be The PRESIDING OFFICER. Without Belger, Acting Deputy Administrator, reserved for their use later in the day, objection, it is so ordered. Federal Aviation Administration. and there be a period for morning busi- Panel II: Joseph J. Atick, Chairman ness with Senators permitted to speak Mr. REID. Mr. President, I amend the and CEO, Visionics Corp.; Joanna Lau, for up to 10 minutes each. unanimous consent agreement that Chairman and CEO, Lau Technologies, The PRESIDING OFFICER. Without was just granted by the Chair. I ask the parent company of Viisage Tech- objection, it is so ordered. unanimous consent that after the vote nology, Inc.; Valerie J. Lyons, Execu- Mr. REID. Mr. President, I suggest on adoption of the conference report, tive Vice President, Identix, Inc.; Bill the absence of a quorum. the Senate return to morning business, Willis, Chief Technology Officer, The PRESIDING OFFICER. The with Senators allowed to speak therein Iridian Technologies, Inc.; and Martin clerk will call the roll. for a period not to exceed 10 minutes The legislative clerk proceeded to Huddart, General Manager, Recogni- each. call the roll. tion Systems, Inc., Ingersoll-Rand Co. The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- objection, it is so ordered. The PRESIDING OFFICER. Without imous consent that the order for the objection, it is so ordered. quorum call be rescinded. f f The PRESIDING OFFICER. Without MEASURES INDEFINITELY objection, it is so ordered. ADJOURNMENT UNTIL 10 A.M. POSTPONED—S. 1171, S. 1172, S. 1398 f TOMORROW Mr. REID. Mr. President, I ask unan- MODIFICATION OF ORDER FOR Mr. REID. Mr. President, if there is imous consent that the following cal- MORNING BUSINESS no further business to come before the endar items be indefinitely postponed: Mr. REID. Mr. President, I earlier Senate, I ask unanimous consent the Calendar No. 79, S. 1171; Calendar No. asked unanimous consent that the Sen- Senate stand in adjournment under the 80, S. 1172; Calendar No. 146, S. 1398. ate go into a period of morning busi- previous order. The PRESIDING OFFICER. Without ness tomorrow morning beginning at 10 There being no objection, the Senate, objection, it is so ordered. o’clock. Mr. REID. For the information of the I want to modify that request. I ask at 6:31 p.m., adjourned until Thursday, November 15, 2001, at 10 a.m. Senate, these items were Senate-num- unanimous consent that Senator REID bered appropriations bills. The House of Nevada and Senator ENSIGN be al- versions of these bills have been signed lowed to speak for 10 minutes each dur- f into law. ing the morning business time tomor- f row. CONFIRMATION The PRESIDING OFFICER. Without Executive nomination confirmed by EXECUTIVE SESSION objection, it is so ordered. the Senate November 14, 2001: f EXECUTIVE OFFICE OF THE PRESIDENT EXECUTIVE CALENDAR UNANIMOUS CONSENT AGREE- MARK W. EVERSON, OF TEXAS, TO BE CONTROLLER, OF- Mr. REID. Mr. President, I ask unan- MENT—CONFERENCE REPORT AC- FICE OF FEDERAL FINANCIAL MANAGEMENT, OFFICE OF MANAGEMENT AND BUDGET. imous consent the Senate proceed to COMPANYING H.R. 2330 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO executive session to consider Executive Mr. REID. Mr. President, I ask unan- THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY Calendar No. 530; that the nomination imous consent that at 10:30 a.m. tomor- CONSTITUTED COMMITTEE OF THE SENATE. November 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2071 EXTENSIONS OF REMARKS

CONGRATULATING STEVEN grew, and has earned fame as a favorite all Strategic Plan as the consensus definition of KISTER over the world. the agency’s mission and goals. The core Currently, the factory produces about one guidance in this document states: ‘‘NASA’s HON. GEORGE RADANOVICH million pounds of candy every week and em- mission success starts with safety. A commit- OF CALIFORNIA ploys three hundred and twenty people. The ment to safety permeates everything we do. ‘‘ factory was eventually sold to Hershey who Dan has not wavered in enforcing this priority IN THE HOUSE OF REPRESENTATIVES has decided to shut down the original produc- in every aspect of the agency on the ground Wednesday, November 14, 2001 tion facility in Wheat Ridge and relocate it to and in space. Mr. RADANOVICH. Mr. Speaker, I rise another location. During Dan’s tenure, the International Space today to honor Steven Kister for winning the The growth and success of the Jolly Ranch- Station went from the drawing boards to a fully American Vineyard Grower-of the-Year Award. er factory is a real life example of the Amer- functional, permanently staffed orbital research Mr. Kister is the current president of the Raisin ican Dream; with hard work and ingenuity any- laboratory. He directed the Space Station re- Bargaining Association, making him and his thing is possible. design, holding together the coalition of inter- father the only father and son to have both Perhaps more impressive than the com- national participants while incorporating the been elected as president of the RBA. pany’s success, is the impact that the factory former Soviet Union hardware elements into In June of 1999, Kister became a member has made on the surrounding community. the design. By developing the cooperative Mir of the new California Raisin Marketing Board While the factory produces the flavor of the research program with Russia, he enabled (CRMB), focusing on increasing the market day, the aroma encompasses the surrounding Space Station partners to conduct long-term demand for raisins through such actions as in- community. The fruit fragrance makes mouths space flight research even before the Inter- creasing consumer awareness of the nutri- water and tests the culinary aptitude of chil- national Space Station was operational. tional value of raisins. dren as they try to guess the flavor that the Dan’s comprehensive strategy for space ex- Kister dedicates much of his time to dealing factory is making that day. Adults in the area ploration is exemplified by the ‘‘Origins Pro- with issues of importance to growers, such as remember touring the factory as children and gram.’’ He initiated this program with objec- labor shortages, government regulations and being permitted to taste warm Jolly Ranchers tives to understand how the universe has the cost of production. In addition, Mr. Kister right off the assembly line. Trick or treaters evolved, to learn how life began on Earth, and has worked to bring together members of the would go to the factory every Halloween to to see if life exists elsewhere. He formulated agricultural and urban communities in Califor- have loads of candy dumped into their Hal- a rescue plan for the installation of a ‘‘contact nia’s great Central Valley for their mutual ben- loween sacks. lens’’ on the Hubble Space Telescope, leading efit. This Colorado confectionery has delighted to startling discoveries of the cosmos. Dan Mr. Kister is a third generation farmer in the sweet tooth of the community for decades. has challenged the Origins scientists to search Kerman, where he lives with his wife, Linda, It is a landmark and member of the commu- for Earth-like planets within 100 light years of and their two children, Claire and Eric. nity. I join with others in the community to ex- Earth. He also has laid the foundation to com- Mr. Speaker, it is with great honor that I pay press my disappointment that this fixture of plete the first scientific census of the solar tribute to Mr. Steven Kister and his long-stand- the community and example of small business system and to send the first probe into inter- ing commitment and dedication to the San success is being relocated. stellar space. Joaquin Valley and California agriculture. I ask f Dan has been a vigorous proponent for in- my colleagues to join me in congratulating HONORING DANIEL S. GOLDIN AS creased exploration of Mars. He has estab- Steven and wishing him many more years of lished a series of robotic missions that will visit continued success. THE LONGEST SERVING ADMIN- ISTRATOR OF THE NATIONAL the planet every two years for the next decade f AERONAUTICS AND SPACE AD- and has assured that the public will share in NOTING THE CLOSING OF AN ERA; MINISTRATION the excitement of Mars exploration. His direc- THE RELOCATION OF JOLLY tion to provide Internet access for the Mars RANCHER CANDIES Pathfinder mission resulted in more than HON. BART GORDON three-quarters of a billion ‘‘hits’’ from people OF TENNESSEE HON. MARK UDALL tuning in to the site. IN THE HOUSE OF REPRESENTATIVES In 1998, Aviation Week & Space Tech- OF COLORADO Wednesday, November 14, 2001 nology magazine honored Dan with the Laurel IN THE HOUSE OF REPRESENTATIVES Mr. GORDON. Mr. Speaker, I rise today to Award for outstanding achievement in aviation Wednesday, November 14, 2001 commend Dan Goldin, who is leaving his posi- and aerospace. The award was presented Mr. UDALL of Colorado. Mr. Speaker, I rise tion as administrator of the National Aero- along with the commentary that Dan has ‘‘de- today to honor the contributions of the Jolly nautics and Space Administration. Dan, who livered on his promise to reshape NASA into Rancher candy company and to express sad- was appointed on April 1, 1992, is the longest- a model government agency.’’ ness that its factory in Wheat Ridge, Colorado, serving administrator in the history of NASA. This year Dan was awarded one of one of is closing next year after 53 years of produc- On March 5, 2001, his time in office sur- France’s highest and most distinguished hon- tion. passed that of James Fletcher, who held the ors: the ‘‘Officer of the Legion of Honor.’’ This Bill and Dorothy Harmsen opened the Jolly previous record of nearly nine years during award recognized his contribution to the devel- Rancher factory in Wheat Ridge in 1949. They two separate terms. opment and broadening of American-French named the factory Jolly Rancher for the wel- As ranking member of the Committee on civil space cooperation through cooperative coming and western sound of the name. The Science’s Subcommittee on Space and Aero- ventures including the International Space Sta- couple started the business with chocolate nautics, I have worked with Dan for many tion, Mars exploration, Earth observations, and and ice cream production. However, they soon years. I have learned that his passion is not the flight of French astronauts aboard the found nation-wide success in its line of fruit limited to the exploration of space. He also Space Shuttle. flavored hard candy. cares deeply about the possibilities of science Under Dan’s leadership NASA has reached Bill and Dorothy sold the factory to Beatrice and space to inspire life on Earth. I certainly out to honor the victims of last month’s ter- foods in 1966, but still stayed personally in- know that many students in Middle Tennessee rorist attacks in New York. The next mission of volved with production. Bill was known to have been encouraged and inspired by Dan’s the Space Shuttle Endeavour will carry ‘‘Flags come down to the factory in his bathrobe in vision for space exploration. for Heroes and Families.’’ Thousands of Amer- the middle of the night if there was a problem. Dan initiated his tenure at NASA by leading ican flags will be carried into space by En- As a result of their hard work, the company an agency-wide process to define a NASA deavor and its seven member crew and, upon

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate 112000 05:13 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.000 pfrm04 PsN: E14PT1 E2072 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2001 return to Earth, will be distributed to the vic- know about Mrs. Jaffe, she was industrious, The Fresno District Office has had a pres- tims’ families and survivors of the September innovative, creative and motivated. She was ence in Fresno, California for over thirty years, 11 attacks. an inspiration and role model to her col- working with and assisting local businesses. In Dan always recognized NASA’s potential to leagues and the staff.’’ 2000, the Fresno District Office was the recipi- inspire students to elect careers in science, f ent of the Fresno Bee’s prestigious ‘‘Central mathematics and engineering. His personal California Excellence in Business Award’’ for leadership and the NASA programs that he TRIBUTE TO UNITED STATES Finance/Banking/Insurance. The SBA Fresno supported have involved hundreds of students ARMY MAJOR DWAYNE WILLIAMS District Office is the first Federal Agency to re- in hands-on research experiences. NASA’s ceive this award. This is a testament to the Summer High School Apprenticeship Re- HON. ROBERT E. (BUD) CRAMER, JR. SBA’s dedication to economic development search Program not only allows the students OF ALABAMA and high standards of customer service. to actually participate in research, but it also IN THE HOUSE OF REPRESENTATIVES Although the SBA has grown and evolved in pays them a salary as well. This intensive Wednesday, November 14, 2001 the years since it was established in 1953, the bottom line mission remains the same: they science and engineering apprenticeship pro- Mr. CRAMER. Mr. Speaker, I rise today to gram is specifically designed to attract and in- help Americans start, build and grow busi- recognize and honor United States Army nesses. Through an extensive network of field crease underrepresented students’ participa- Major Dwayne Williams. Major Williams was a tion and success rates in mathematics, offices and partnerships with public and pri- man who dedicated his life to God and his vate organizations, SBA delivers its services science, technology and engineering courses. country. He had recently completed the Army Mr. Speaker, the nation is fortunate to have to people throughout the United States, Puerto Command General College officer course and Rico, the U.S. Virgin Islands and Guam. such outstanding public servants as Adminis- was assigned to work at the Pentagon in July. trator Goldin. He has led NASA and its inter- Mr. Speaker, I rise to honor the Fresno Dis- Unfortunately, Major Williams was assigned to trict Office of the Small Business Administra- national partners in exploring the frontiers of an Army wing of the Pentagon that was struck space and inspiring benefits to life on Earth. tion for their contributions to the economy of by the hijacked plane on September 11, 2001, the California Central Valley. I urge my col- Accordingly, it is appropriate today that we and lost his life to the terrorist attack. recognize and highly commend Daniel Goldin leagues to join me in wishing the Fresno Dis- Major Williams, only 40 years old, already trict Office of the SBA many more years of as the longest serving administrator of NASA had an impressive record of service to our na- and that we express our appreciation for his continued success. tion. He started as a paratrooper and served f leadership of the nation’s space program. with the elite rangers at Fort Benning, Georgia f and later served in the Persian Gulf War. He IN HONOR OF MAYOR D.L. ‘‘DON’’ PARSONS LARISSA JAFFE MEMORIAL spent three years in Egypt at the American embassy and then two years as a company commander at Fort Jackson, South Carolina. HON. MARK UDALL HON. JIM MATHESON Major Dwayne Williams had strong ties to OF COLORADO OF UTAH the 511 District of Alabama, where his parents IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES still reside. Major Williams was a star football Wednesday, November 14, 2001 Wednesday, November 14, 2001 player at Jacksonville High School and later at Mr. UDALL of Colorado. Mr. Speaker, I rise Mr. MATHESON. Mr. Speaker, it is with the University of North Alabama. He leaves behind his wife Tammy and his two children, today to honor the public service of the Mayor great sorrow that I rise today to speak of the of Northglenn, D.L. ‘‘Don’’ Parsons. Mayor Tyler and Kelsie; his parents, Horace and death of Ms. Larissa Jaffe of Salt Lake City, Parsons is retiring this year, after serving the Pearl Williams; and his three brothers, Roy Utah. Ms. Jaffe was a 63-year-old Peace Corp City of Northglenn for 14 years. volunteer in Zimbabwe when she was killed in Williams, Air Force Staff Sergeant Troy Wil- Mr. Parsons was born in Brewster, Kansas a suspected homicide. Although the two men liams, and Army Sergeant 1st Class Kim Wil- and graduated from Kansas State University who are believed to be the perpetrators of this liams. Major Dwayne Williams was an eight- with a degree in Business Administration. He heinous crime have been apprehended, the een year veteran of the United States Army was President and CEO of the Rocky Moun- loss to Ms. Jaffe’s family, the Peace Corps, and will be greatly missed by his family and tain Natural Gas Company and Manager of and indeed, the United States is great. friends, and also by the country that he duti- State Legislation for KN Energy, Inc. Mr. Par- Ms. Jaffe is a perfect example of what every fully and selflessly served for many years. sons currently heads up his own consulting American should hope to be. A Russian immi- f firm, specializing in utility management, rates grant, she had a strong commitment to edu- HONORING THE SMALL BUSINESS and finance. In addition to being an active cation. When she became a naturalized citizen ADMINISTRATION’S FRESNO DIS- member of Colorado’s oil and gas community, of the United States, she already held a PhD TRICT OFFICE the Mayor has dedicated much of his time to in geology from the Academy of Sciences in improving the quality of life for the people of Moscow. While living in the US she obtained HON. GEORGE RADANOVICH Northglenn. a Masters Degree in foreign language instruc- After being elected to public office in 1987, OF CALIFORNIA tion and a technical degree in data proc- Mr. Parsons has brought economic develop- IN THE HOUSE OF REPRESENTATIVES essing. She was a certified teacher in Utah, a ment to his city, while allowing it to maintain certified nursing assistant in California, and an Wednesday, November 14, 2001 its small town identity. Northglenn is a great emergency medical technician. Mr. RADANOVICH. Mr. Speaker, I rise place to live and raise children, and this is a While Ms. Jaffe lived a life of learning, she today to honor the Small Business Administra- direct reflection of Don Parsons’ guidance and enjoyed teaching others as well. She was a tion’s (SBA) Fresno District Office for their leadership. teacher in Utah, Massachusetts and California. contributions and efforts in the community. Mr. Speaker, please join me in honoring She had experience in medical research and The U.S. Small Business Administration is an Mayor Parsons for his vision and his hard even worked analyzing the effectiveness of independent agency of the federal government work. I would like to thank him for his years health care institutions. to aid, counsel, assist and protect the interests of public service. His dedication to those who In 1994 and 1995, she fulfilled her desires of small business concerns, to preserve free elected him is admirable, and I wish him much to travel by traveling to over two-dozen coun- competitive enterprise and to maintain and success in all his future endeavors. tries in a solo trek around the world. She vis- strengthen the overall economy of our nation. f ited South America and Southeast Asia exten- The Fresno District Office has been trans- HONORING VICTIMS OF AMERICAN sively, and explored Morocco, Russia and formed into one of the most user-friendly vital AIRLINES FLIGHT 587 Australia. Her desire for adventure culminated economic development resources for the busi- in her decision to give two years out of her life ness community in the Central Valley. Over HON. CHARLES B. RANGEL to serve in the Peace Corps in Zimbabwe. the past five years, the Fresno District Office OF NEW YORK Of all that can be said of her, the words of has assisted over 3,893 businesses with loans IN THE HOUSE OF REPRESENTATIVES Peace Corps Acting Deputy Director Lloyd totaling $1.1 billion. The Fresno District Office Pierson are the most fitting. He said, ‘‘Mrs. works by a simple motto: be visible, proactive Wednesday, November 14, 2001 Jaffe’s death is an enormous loss to Peace and responsive to the business community Mr. RANGEL. Mr. Speaker, I rise today to Corps.... From all that I have come to and other resource partners. honor the victims who lost their lives in the

VerDate 112000 05:13 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.004 pfrm04 PsN: E14PT1 November 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2073 crash of American Airlines flight #587 on Mon- her hard work and fundraising to ensure the been incorporated into labels for 18 drugs.’’ day, November 13, 2001 and to offer my con- success of these local Jewish organizations, This information, previously unavailable to par- dolences and support to their families and Sylvia has remained inspired by and devoted ents and doctors, includes new information friends. In the last two months, New York has to the Jewish community. about dosing, important new safety consider- witnessed such horrific losses and today we In her personal life, Sylvia has shown an ations, extension of dosing, safety, and effi- mourn the loss of more than another 250 equal level of commitment, passion, and dedi- cacy data to younger patients, along with de- friends. The flight that crashed was heading to cation. She and her husband, Ray Cohen, velopment of age-appropriate formulations. the Dominican Republic and the list of pas- have successfully established and operated Because Congress was uncertain as to sengers reflects the Dominican presence in two small businesses in their hometown of whether this program would be successful, it New York City—a vibrant community that is an Deal, New Jersey. As involved as Sylvia has chose to ‘‘sunset’’ the provisions at the end of integral part of our National cultural mosaic been and continues to be in the community calendar year 2001. It is now time to re-au- and part of the wonderfully diverse constitu- and her businesses, her greatest pride is her thorize this highly successful program, to en- ency that is my privilege to serve in the U.S. family. She and her husband have raised five sure that its accomplishments continue and Congress. Our attention now turns to the Do- daughters and five grandchildren. Sylvia has that pediatric studies and labeling for many minican people, both here and in their mother- set an example for her family as two of her more drug products will be achieved. The 6- land, who suffered a grievous loss. daughters have both been honored by their month period of exclusivity assures priority of As I read the news reports, I notice the fam- local Hadassah chapters as Woman of the pediatric studies, and helps to justify estab- ily relations on the flight which ties our com- Year, as well. lishing infrastructure necessary for doing pedi- munity to a small country in the Caribbean. Mrs. Cohen certainly serves as an example atric studies. The exclusivity has been the pri- Mothers taking children to visit a never seen for both her family and her community. Her mary driver in building capacity and expertise homeland. Nephews visiting aunts. Husbands devotion and hard work are extraordinary and in pediatric drug development. The ability of a returning to bring wives to their new lives. Par- can further serve as an example for us all. Mr. pediatric research program to pursue unique ents on first vacations without the children. All Speaker, it is with pleasure that I ask you to pediatric illnesses, and pediatric-predominant the stories reflect lives prematurely ended join me in distinguishing Mrs. Sylvia Cohen for diseases is dependent on such R&D resource leaving loved ones. a lifetime of dedication to her family and to her allocations. We cannot reverse the tragic event of yes- Jewish community. As a proud cosponsor of H.R. 2887, I en- terday and only time will perhaps reveal the f courage all of my colleagues to follow Rep- circumstances that caused it, allowing us to resentative ESHOO’S leadership in supporting better understand why. Today we can stand BEST PHARMACEUTICALS FOR the continuation of this successful research with the Dominican community and offer our CHILDREN ACT program. assistance in the healing and restoring of their SPEECH OF f lives. We can let them know that they are not alone during this time and that we pledge to HON. ALBERT RUSSELL WYNN HONORING CHANNAHON FIRE PROTECTION DISTRICT provide every available resource to them. OF MARYLAND To the people of my district and its people IN THE HOUSE OF REPRESENTATIVES of Dominican heritage: The past years we Tuesday, November 13, 2001 HON. JERRY WELLER have worked side by side to improve the lives OF ILLINOIS of our people and we have seen many won- Mr. WYNN. Mr. Speaker, I rise today in IN THE HOUSE OF REPRESENTATIVES strong support of the ‘‘Best Pharmaceuticals derful changes. Your presence has enriched Wednesday, November 14, 2001 my life and contributed to the diversity that de- for Children Act of 2001’’, a bill I am proud to fines Upper Manhattan. I am so proud to rep- cosponsor. Mr. WELLER. Mr. Speaker, I rise today to resent you. Last night, in Washington Heights, Mr. Speaker, most pharmaceuticals have honor the Channahon Fire Protection District I saw your tears and felt your pain. Please not been tested and labeled for pediatric safe- (FPD) for its years of excellent service and know that I mourn with you for your loss is my ty and use. We’ve heard it time and time commitment to the community. own. Mi apoyo, compansio´n, y solidaridad va again, children are not small adults. With that The Channahon Fire Protection District was para todos mis hermanos dominicanos. Frente in mind, why would we cut an adult dosage of organized over 50 years ago. It protects over a la tragedia y la adversidad, mi corazo´n esta medication in half and assume it’s appropriate 38 square miles which includes Interstate 55, con todos ustedes. for treating a child’s condition? It isn’t, and that 11 miles of the I & M Canal, over 11 miles of is why this legislation is so important. the Des Plaines River as well as more than f This legislation re-authorizes a program that 8,000 residents. HONORING SYLVIA COHEN has proven to be the most effective way to Last year, the Channahon FPD responded generate studies of medications in children. to over 700 calls which is quite remarkable HON. FRANK PALLONE, JR. Before the law was passed, 80 percent of when you consider that 90 percent of the 45 OF NEW JERSEY drugs given to children had been tested only members on the department are volunteers. IN THE HOUSE OF REPRESENTATIVES on adults. Since then, 60 studies have been Channahon FPD was also successful in win- conducted to assess the safety and effective- ning two Fire Act Grants during the first year Wednesday, November 14, 2001 ness of medicines used in children, and an- they were offered. Mr. PALLONE. Mr. Speaker, it is with great other 400 are under way. Physicians who pre- Channahon FPD believes in a commitment pleasure that I recognize a distinguished resi- scribe medications for children, and parents to excellence as shown by their continuing dent of my district, Mrs. Sylvia Cohen, and who administer them, now have more informa- education programs for Department members. congratulate her on receiving New Jersey’s tion about appropriate dosages, as well as, Tragically, the Channahon Fire Protection Dis- Deal Shore Hadassah Woman of the Year the side effects of medications in the pediatric trict recently experienced the loss of Fire- award. population. It has truly been a remarkable fighter Kenneth J. Frayne in the line of duty. For the past three decades, Sylvia has put achievement for children’s health. Ken was a four-year member of the depart- forth a tireless effort as an active member of As part of the authorization of these ‘‘pedi- ment and died while performing dive rescue the Shore area’s Jewish community. Sylvia is atric exclusivity’’ provisions, FDA was required training. Ken was twenty-eight years old and committed to Jewish causes and became ac- to submit a report to Congress describing the left behind his wife of three years, Deborah tive in the United Jewish Appeal, well before results of the program and commenting on its Frayne. I know the entire Department will miss it even became the Jewish Federation. In ad- success. FDA’s report, submitted in January, Ken and his dedication to the service. I will dition, she currently serves on the Board of Di- stated that an unprecedented number of pedi- keep Ken and Deborah in my thoughts and rectors of the Jewish Federation and is co- atric studies had been conducted and crucially prayers. chair of the Business and Professional Wom- important new pediatric labels were improving Since the attack on September 11, 2001, en’s Division. Furthermore, Sylvia also serves medical care for children. the whole country is more aware of the impor- on the Monmouth University Scholarship Ball According to a GAO study, ‘‘as of April 1, tance of our firefighters and their critical role in Committee, the Board of the Jewish Commu- 2001, 28 drugs had been granted marketing our national defense and security. Channahon nity Center of Greater Monmouth County, and exclusivity extensions, and research results FPD members and volunteers are excellent is president of the Temple Bath Torah’s Sister- have provided new and useful information examples of our nation’s citizens at their fin- hood in Ocean Township. Throughout all of about how drugs work in children, which have est. It has been my privilege to serve

VerDate 112000 05:13 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.009 pfrm04 PsN: E14PT1 E2074 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2001 Channahon FPD as part of my 11th Congres- data to determine the extent and risk of micro- are 34 times safer than train travel and 4 sional District. I look forward to serving and bial movement from dairy lagoons and other times safer than commercial aviation. working with them in the years to come. such systems has been invaluable to our live- My legislation removes the nearly 30 year Mr. Speaker, I urge this body to identify and stock industry. His work has helped develop old loophole in the federal regulations that al- recognize other institutions in their own dis- responsible handling techniques and provide lows used vans to be purchased while new tricts whose actions have so greatly benefited factual insight on which to base regulatory vans are banned. In addition, this bill extends and strengthened America’s communities. guidelines. the ban from sale of vans to leasing, renting f Mr. Speaker, I congratulate Rob Atwill for and buying, thereby making the buyers ac- being named an Extension Specialist Award fi- countable as well as the seller. These CONGRATULATING PRINCIPAL nalist by the Friends of Agricultural Extension. changes will insure that the intent of the 1974 MICHAEL J. OTTO I urge my colleagues to join me in wishing law is finally realized. The bill also would Rob Atwill many more years of continued suc- strengthen the penalties on those who violate HON. SAM GRAVES cess. this important safety provision. OF MISSOURI f In light of numerous high profile cases in- IN THE HOUSE OF REPRESENTATIVES SCHOOLBUS SAFETY ACT OF 2001 volving colleges and universities, my bill ex- Wednesday, November 14, 2001 tends the definition of ‘‘schools’’ for these pro- visions to include ‘‘postsecondary’’ institutions. Mr. GRAVES. Mr. Speaker, it is with much HON. MARK UDALL The legislation raises the prescribed penalty pride that I rise today to congratulate one of OF COLORADO for breaking this law from ‘‘not more than Missouri’s educators. With emphasis placed IN THE HOUSE OF REPRESENTATIVES $1000’’ to ‘‘not more than $25000’’, thereby on the need to reform our public schools and Wednesday, November 14, 2001 giving the enforcement agencies something to ensure that our children receive quality in- Mr. UDALL of Colorado. Mr. Speaker, today, make it worth their while to pursue. This provi- struction, it pleases me to know that Graden I am introducing the Schoolbus Safety Act of sion is important because from 1974 until Elementary School is on the right path. I ask 2001, legislation designed to close a loophole 1997, the National Highway Traffic Safety Ad- that you join me in congratulating Principal Mi- in federal regulations that can threaten the ministration (NHTSA), which had responsibility chael J. Otto, recently named a recipient of safety of children who ride a bus to and from for administering the law, did not initiate one the 2001 National Distinguished Principals school. single enforcement proceeding in the entire award. As my colleagues may know, the sale of country. The U.S. Department of Education, along new 15-passenger vans to carry school-age Finally, the bill mandates that fines collected with the National Association of Elementary children has been banned since 1974 because under this legislation would be pooled into an School Principals, began this program in 1984 they do not have the same safety features as account under the Secretary of Transportation to honor those principals that exemplify the school buses and because the vans are more for use in enforcing these provisions. vital leadership necessary to guide our school likely to roll over when carrying many pas- Mr. Speaker, as a nation, we long ago de- communities. Education Secretary Paige com- sengers. However, current regulations allow cided that the means by which we transport mented that, ‘‘Principals today—more than schools to purchase used 15-passenger our children to and from school and school-re- ever before—are critical leaders in the effort to vans—the loophole my legislation addresses. lated activities, should be as safe as possible. improve America’s public schools. I applaud School buses and 15-passenger vans are This bill will go a long way in ensuring that these outstanding principals for their dedica- radically different vehicles. A school bus must safety for our children. tion, achievements, tirelessness, and leader- meet numerous mandated federal safety f ship. I look forward io working with principals standards. School buses have multiple hori- across the nation . . . to improve the perform- zontal and vertical steel beams bonded to- PERSONAL EXPLANATION ance of all students so that no child is left be- gether in such a manner that essentially wraps hind.’’ I could not agree more with Secretary the passengers in a cage of steel. The inside HON. J.C. WATTS, JR. Paige’s comments. I find it admirable that the and outside of the bus is further reinforced by OF OKLAHOMA recipients were nominated by their peers, fur- thick sheets of steel. IN THE HOUSE OF REPRESENTATIVES ther demonstrating the effects of their commit- A school bus is generally heavier than a Wednesday, November 14, 2001 ment to educational excellence. comparable sized passenger vehicle and has I am honored to represent a man who has exit doors, superior roof structure, an interior Mr. WATTS of Oklahoma. Mr. Speaker, as given so much of himself to provide our aisle, significant interior seat padding, driver I notified the House, I was unable to be in schoolchildren not only with excellent instruc- visibility, fuel system integrity, and a far supe- Washington on November 13, 2001 due to tion, but also inspiration. Again, I congratulate rior center of gravity and stability. In addition very important obligations in Oklahoma that Principal Michael J. Otto and commend him school buses have special warning light and evening. Unfortunately, I missed recorded for his diligent work on behalf of our school- pedestrian control systems and are generally votes yesterday, and I ask that the RECORD children. painted a bright yellow, which are all signifi- reflect that I would have voted ‘‘aye’’ on the f cant safety features. following: recorded vote No. 436 on H.R. 2330 The traditional 15-passenger van is struc- and recorded vote No. 437 on H.R. 2541. RECOGNIZING ROB ATWILL turally and generally a significantly different f vehicle. These vans were originally rated as HON. GEORGE RADANOVICH ‘‘light trucks’’ and, as such, were not required PAYING TRIBUTE TO UNIFIED INDUSTRIES INC. OF CALIFORNIA to meet passenger safety standards. There- IN THE HOUSE OF REPRESENTATIVES fore, the area behind the driver is anticipated Wednesday, November 14, 2001 only to carry cargo and does not have side HON. MIKE ROGERS bar protection which accompanies normal pas- OF MICHIGAN Mr. RADANOVICH. Mr. Speaker, I rise senger vehicles, including mini vans. IN THE HOUSE OF REPRESENTATIVES today to recognize Rob Atwill for being named The numbers tell the whole story. When Wednesday, November 14, 2001 an Extension Specialist Award finalist by the evaluating the relative safety of all passenger Friends of Agricultural Extension. The Friends vehicles and school buses per road mile, stud- Mr. ROGERS of Michigan. Mr. Speaker, I of Agricultural Extension will recognize Rob at ies show that school buses are markedly safer rise today to congratulate Unified Industries their annual awards dinner. vehicles. In 1994, there were 21,813 deaths in Inc. of Howell, Michigan for earning the title of Rob is a Veterinary Medicine Extension passenger vehicles, which translates to .86 Clean Corporate Citizen in the state of Michi- Specialist at the U.C. Veterinary Medical deaths every 100 million miles. In school gan. Unified Industries’ Howell facility manu- Training & Research Center in Tulare, CA. He buses, there were two occupant deaths, which factures overhead material handling systems is conducting research on the subject of ‘‘The translate into .005 deaths per 100 million road used primarily in the automotive industry, and Interface Between Water Quality, Animal Agri- miles. In other words, passenger vehicles per they have done so for nearly 50 years. Unified culture, and Human Health—with particular road mile had a fatality rate 170 times higher Industries is Michigan’s 40th Clean Corporate emphasis on the fate and distribution of water- than school buses. Citizen, an honor reserved solely for those borne pathogens from animal agricultural sys- School buses are the safest form of mecha- businesses which demonstrate extraordinary tems.’’ Rob’s efforts to develop responsible nized transportation that exists. School buses environmental stewardship.

VerDate 112000 05:13 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.012 pfrm04 PsN: E14PT1 November 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2075 The Clean Corporate Citizen program was The Secretary of Agriculture will develop Jim, a retired FDNY captain, his mother, proposed by Governor John Engler in his rapid response field test kits that can be quick- Norma, his sisters, Lynn, Janet, and Maureen, 1996 State of the State address. Its purpose ly deployed to State and local agencies to de- and his brothers, Steve and Timmy, both New is to encourage environmentally conscious be- termine if an act of bioterrorism has occurred. York City firefighters. havior within Michigan’s business community These are intended to quickly discover and I first met Ed’s wife when she was a little and reward those who demonstrate such be- confirm outbreaks of plant or animal diseases, girl. Mary grew up across the street from my havior. pathogens, or other bioterrorism agents. husband Dennis and I, and as she got older, Mr. Speaker, this honor is a difficult one to The intramural agricultural bioterrorism re- she began to babysit for our son, Kevin. She earn. Participants must go beyond simply search and development section of the bill will deserved the best, and that is exactly what meeting standard environmental requirements. make USDA’s ARS programs focus on en- she got when she met Ed. He was a true fam- They must show themselves to be a step hancing regulatory agencies response time, ily man who coached his sons’ soccer and above the rest, by implementing strong envi- encouraging academic and private sector part- baseball teams. Nothing came before his fam- ronmental management concepts, and abiding ners to work together to maximize research ily. He also made countless contributions to by them in their daily operations. With this benefits, strengthening linkages with the intel- the community of Rockville Centre, like start- honor, Unified Industries has demonstrated ligence community to learn what research ing an infamous running club. On Christmas, their commitment to Michigan’s environment. needs are most important and encouraging Ed’s favorite holiday, he volunteered for the Therefore Mr. Speaker, I ask that my col- ARS to work with international organizations to Adopt-A-Family program, which distributed leagues join me in congratulating Unified In- control the spread of plant and animal dis- gifts to less fortunate children. dustries, its management, and all of its em- eases. Ed joined the New York City Fire Depart- ployees for making our environment a priority The consortium for countermeasures ment in November 1978, and he served as a for their company, and for setting an example against agricultural bioterrorism is truly valu- volunteer in both Elmont and Baldwin. Fire for which Michigan can be proud. able. Those colleges and universities that turn safety skills and procedures were important to f out animal and plant doctors will coordinate Ed. He received his masters degree in fire with Federal Agencies such as USDA to de- science from John Jay College, and he de- AGRICULTURAL BIOTERRORISM velop the long term program needed to com- signed a national safety program called Back COUNTERMEASURES ACT OF 2001 bat bioterrorism. Furthermore, competitive to the Basics. grants will be provided through USDA that are Ed’s oldest son Connor eulogized his father HON. FRANK D. LUCAS directed toward the protection of the domestic with the following, ‘‘One goal that I am setting OF OKLAHOMA food supply. for myself is to follow in your footsteps to be IN THE HOUSE OF REPRESENTATIVES The Animal and Plant Health Inspection such a great man to my family, my community Wednesday, November 14, 2001 Service (APHIS) will be authorized to receive and the nation just like you.’’ I believe Connor more funds to increase inspections at points of exemplified his father’s heroism and courage Mr. LUCAS of Oklahoma. Mr. Speaker, the origin and to improve surveillance at points of by circulating a petition to establish a National tragic events of September 11, 2001 have entry. They will also be required to develop Firefighters Day on September 11 in honor of made all Americans appreciate our freedom new and better techniques working with State his father and all other firefighters. and democracy more than ever. As we con- and local agencies to control the outbreaks of Today, I honor Ed Geraghty’s memory. I tinue to get our lives back to normal, we must plant and animal diseases. know firefighters like Ed are heroes every day also realize how much has changed. The Food Safety Inspection Service (FSIS) of their lives, and they leave a lasting impres- Terrorism does not have to be directed only will be charged with enhancing its ability to in- sion all those who cross their paths. Ed’s con- toward people. It can be directed at our spect the safety of meat and poultry products. viction and drive to help those in need is a modes of transportation, our communications Like APHIS, FSIS will be expected to work testament to his family, friends, and cowork- infrastructure, or even our food supply. with State and local agencies on creating the ers. I know Mary, and I have seen the dif- The United States Department of Agriculture best possible means of sharing information ference he has made in her life. I know the along with the Food and Drug Administration and technology in order to reach the best re- lessons he taught his sons will live on. is in charge of ensuring that Americans have sults possible. Thank you Connor, for making a difference. a safe and abundant food supply. This legislation is designed for the long-term f I would like to make it absolutely clear that benefit of producers and consumers alike. because of USDA and FDA Americans enjoy IN HONOR OF PAUL WARNKE f the benefit of the safest food supply in the world. However, USDA and FDA have not had IN MEMORY OF EDWARD HON. EDWARD J. MARKEY to clearly focus on how to prevent terrorism, GERAGHTY OF MASSACHUSETTS bioterrorism, agroterrorism or whatever term IN THE HOUSE OF REPRESENTATIVES you prefer to use in describing threats to HON. CAROLYN McCARTHY Wednesday, November 14, 2001 America’s food supply. OF NEW YORK Prevention is the key and long term plan- IN THE HOUSE OF REPRESENTATIVES Mr. MARKEY. Mr. Speaker, I rise today in ning should be the goal to continued food order to honor the late Paul Warnke, who safety. Congress needs to take positive steps Wednesday, November 14, 2001 worked tirelessly to protect our country from to help USDA perform what we ask of it. Mrs. MCCARTHY of New York. Mr. Speak- the danger of nuclear war and to promote re- Today I am dropping a bill to help with preven- er, I rise in memory of Deputy Chief Edward ductions in the world’s nuclear arsenals. Paul tion and long term planning. Geraghty of Rockville Centre, NY. On Tues- passed away on October 31, just two weeks This legislation authorizes money to be day, September 11, 2001, Deputy Chief prior to the announcements made by Presi- spent on USDA’s Agriculture Research Serv- Geraghty and many of his fellow firefighters dent Bush and President Putin that the two ice laboratories so that there is adequate plant lost their lives while trying to save victims of superpowers would begin a process of drastic and animal research being performed to com- the World Trade Center terrorist bombing. Ed reduction in the number of deployed nuclear bat bioterrorism. Some of USDA’s most impor- and his men from Battalion 9 quickly re- weapons. No one worked harder to see such tant research facilities need to be modernized sponded to the World Trade Center on the policies implemented than Paul. in order for the U.S. to stand ready in our new morning of September 11, and they rushed Paul Warnke was a son of Massachusetts. fight. into the bombed buildings to help those Born in Webster in 1920 and growing up in The bill also provides funds to the Okla- trapped inside. Marlborough, he went to college at Yale Uni- homa City Counter Terrorism Institute for re- An unknown number of people were saved versity and graduated in 1941. He joined the search to make sure that USDA, the Depart- by firefighters like Ed, who received the post- war effort and served in the U.S. Coast Guard ment of Justice, and other law enforcement humous promotion from battalion chief to dep- for the next 5 years. After his military duty, he and emergency preparedness organizations uty chief, retroactive to September 10. went to law school at Columbia University. A cooperate and have the proper techniques in More than a thousand mourners gathered at classic story is that his first choice, the jour- place in the event of bioterrorism events. Fur- St. Agnes Cathedral to honor Ed on Thursday, nalism school, was full, so he crossed the ther, Oklahoma State is authorized to receive October 25. He is survived by his wife, Mary, street to sign up at the law school. But for a a grant to establish a food safety research and his three sons, Connor, 14, James, 11, quirk of fate, we might instead be celebrating center. and Colin, 4. Ed also leaves behind his father, Paul Warnke, the great journalist.

VerDate 112000 05:35 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.018 pfrm04 PsN: E14PT1 E2076 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2001 In the years that followed, he pursued a to an essential truth—that both the U.S. and grammer at Eicon Technology in Canada until legal career in trade regulations and anti-trust Soviet Union had far more weaponry than was 1994. The following year he moved to Cali- law. Then, in 1966, he was hired as general needed for deterrence purposes, and that fornia and enrolled at the Talbot School of counsel at the Defense Department and a freezing the qualitative and quantitative arms Theology. In 1998, Reverend Albarian earned year later became Assistant Secretary of De- race, followed by reductions in the size of his Master of Divinity Degree from Talbot. fense for International Security Affairs, where these arsenals would better advance our se- Reverend Albarian served a one-year pas- he served for the next two years. During his curity interests. toral internship at Calvary Armenian Con- time at the Defense Department, not only did And so, during the 1980s, Paul became one gregational Church (CACC) in Northern Cali- he object to the prosecution of the Vietnam of the leading voices within the United States fornia. In 1999, he was named Associate Pas- War, he also became sensitive to the crucial in support of a nuclear weapons freeze fol- tor for Youth Ministries at CACC. Reverend importance of arms control between the lowed by reductions of strategic nuclear weap- Albarian and his wife, Tamar, have one son, United States and the Soviet Union. ons. He spoke out frequently on issues of nu- Timothy. In 1975, he wrote an article in Foreign Pol- clear arms control, in articles, op-ed pieces, Mr. Speaker, I want to welcome Reverend icy, ‘‘Apes on a Treadmill’’, in which he cau- and numerous speeches and panel discus- Samuel Albarian and his family to the First Ar- tioned that the arms race was potentially a fu- sions throughout the country. He also testified menian Presbyterian Church of Fresno. I urge tile but expensive exercise. Citing Secretary of before the Congress on these issues on sev- my colleagues to join me in wishing Reverend State Henry Kissinger’s warning that an unlim- eral occasions. And in a 1986 interview, he Albarian and his family many more years of ited arms buildup between the U.S. and the also gave his opinions on research on ABM, continued success. Soviet Union could lead to successive periods or anti-ballistic missile, systems. ‘‘[W]hat we f of escalation and equilibrium, Paul wrote, ought to do is recognize that there is nothing TRIBUTE TO EDWIN GULICK ‘‘Perhaps, then, we are not racing together to- that can be gained by engaging in a nuclear ward Armageddon. Maybe the continued ex- competition in space. At a minimum it will cost penditure of billions for quantitative additions us billions and billions of dollars, but what is HON. FRANK R. WOLF and qualitative improvements does not bring more likely is it will diminish the security of the OF VIRGINIA doomsday any closer. Instead, it may be that United States.’’ Our current administration IN THE HOUSE OF REPRESENTATIVES we are jogging in tandem on a treadmill to no- would do well to heed Paul’s words from a Wednesday, November 14, 2001 where.’’ decade and a half ago. Mr. WOLF. Mr. Speaker, I would like to take Noting the advantage that the U.S. had over Paul continued his good work into the this opportunity, on the day of Edwin Gulick’s the Soviet Union in the numbers and tech- 1990s. Concerned not just about nuclear retirement from the John Marshall Soil and nology of nuclear weapons, Paul recognized weapons, he scrutinized the conventional Water Conservation District, to pay tribute to the role that the U.S. could play in initiating a arms trade while serving on the Presidential his lifelong conservation efforts. halt in the nuclear arms race. Hence, in the Advisory Board on Arms Proliferation Policy Edwin Gulick has volunteered for the past 1975 article, he advocated a six-month delay which was established in 1995. And in 1998, 38 years as an appointed Soil and Water Con- in the further addition of multiple warheads to Paul co-wrote an article with Jeremy Stone of servation District director in Fauquier County. land-and sea-based missiles and in the devel- the Federation of American Scientists in which During that time he served for eight years on opment of the Trident submarine and the B– they argued for de-alerting nuclear weapons, the Virginia Soil and Water Conservation 1 bomber, in hopes that it would yield ‘‘recip- that is, standing down missiles from a launch- Board. rocal restraint’’ by the Soviet Union. Consid- on-warning posture. This is an effort with In 1962, when part of Fauquier County was ering the current situation, in which economic which I have been personally involved, and I included in the Culpeper Soil and Water Con- conditions in Russia are pressuring it to re- wish that Paul were still here to help with that servation District, Edwin Gulick was Fauquier duce its nuclear arsenal, the U.S. again has fight. County’s representative. Then in 1963 he was the advantage and the same opportunity to Paul was a forceful actor and spokesman elected to the Board of Directors, where he take a leadership role. A quarter of a century for the cause of arms control. We will miss his served until 1966 when the John Marshall Dis- later, Paul’s words still apply. leadership, but his legacy is the insight and trict was formed. He has been serving Fau- In 1977, Paul Warnke was nominated by guidance that he provided. For this reason we quier County as director ever since. President Jimmy Carter to be the director of celebrate this great man today. Mr. Gulick was a founding director of the the Arms Control and Disarmament Agency f John Marshall Soil & Water Conservation Dis- and the chief arms control negotiator. He was trict and served as chairman for 21 years. confirmed to both posts and went on to serve WELCOMING REVEREND SAMUEL In 1970 Edwin received a Western Union with great distinction in the second Strategic ALBARIAN Telegram from Virginia Senator Harry Byrd Arms Limitation Talks, or SALT II. The SALT which authorized the Soil and Conservation II treaty was signed on June 18, 1979, by HON. GEORGE RADANOVICH Service to assist local organizations in pre- President Carter and General Secretary OF CALIFORNIA paring watershed work plans under the author- Brezhnev but unfortunately was never ratified. IN THE HOUSE OF REPRESENTATIVES ity of the Watershed Protection and Flood Pre- However, both the U.S. and the Soviet Union Wednesday, November 14, 2001 vention Act. This included the Cedar Run Wa- informally agreed not to undercut the SALT II tershed. He was instrumental in the develop- numerical limits throughout the 1980 until they Mr. RADANOVICH. Mr. Speaker, I rise ment of the Cedar Run Watershed Project and were later supplanted by the START strategic today to welcome Reverend Samuel Albarian his diligent efforts have come to fruition with arms reductions. to his new post at California’s oldest Armenian the completion of the Licking Run Dam in I first became acquainted with Paul during Church. Reverend Albarian has been named 1985 and the Airlie Dam in 1992. his service as ACDA chief, but came to know the Director of Armenian Ministries of the First He served on the Virginia Association of him much more personally when we worked Armenian Presbyterian Church of Fresno. Soil and Water Conservation District’s District together on the nuclear freeze resolution in Reverend Albarian is a native of Lebanon. Operation and Rurban Committees. the early 1980s. While there were many in the He and his family fled to the Dominion of Can- He also represented the Cedar Run commu- arms control ‘‘intelligentsia’’ that looked down ada when civil war erupted in Beirut in the late nity by serving on the Agricultural Stabilization their noses at the concept of a nuclear freeze, 1970’s. In Canada he became active in the County Committee in 1967. which had originated as a grass roots move- First Armenian Evangelical Church (FAEC) of Edwin Gulick has always employed sound ment to break the deadlock between the U.S. Montreal, serving as counselor and director in conservation practices on his beef and grain and the Soviet Union in the early years of the the FAEC vacation bible school ministry and farm and is a true steward of conservation, Reagan Administration, Paul was able to see chairperson of the youth and college group wildlife and natural resources. in the freeze a powerful mechanism for action programs. Mr. Gulick’s service-oriented approach to his to halt the arms race. While fully comfortable In 1985, Reverend Albarian earned a D.E.C. community reaches far beyond the conserva- with the arcane jargon of nuclear arms control, in Pure and Applied Sciences from CEGEP tion realm. He served on the Fauquier School he was also endowed with the power to ex- Vanier College in St. Laurent, Quebec. In Board, the Fauquier Livestock Exchange, the plain complex concepts in terms that were 1991, he earned a Bachelor of Science De- Agricultural Advisory Committee, the Historical readily comprehensible to the lay person. But gree in Computer Science from Concordia Committee and the Catlett-Calverton Ruritan even more importantly, he saw through the University in Montreal. Reverend Albarian then Club. He is also a Vestryman and Trustee of complicated details of the strategic relationship worked as a quality assurance analyst pro- Saint Stephen’s Episcopal Church.

VerDate 112000 05:13 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.022 pfrm04 PsN: E14PT1 November 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2077 I commend him for his work and wish him I rise today to reiterate my support for the causes and the extent of hunger in Alameda a happy retirement. H.R. 1343, The Local Law Enforcement Hate County. Now, I call on Congress to take note f Crimes Prevention Act of 2001. I urge people of the evidence presented in this report and to around the United States to reaffirm their com- reauthorize and improve the food stamp pro- H.R. 1343, THE LOCAL LAW EN- mitment to peace, justice, and tolerance dur- gram so that it relieves hunger in the United FORCEMENT HATE CRIMES PRE- ing this traumatic time. Retaliation will offer no States. VENTION ACT OF 2001 consolation. The architects of the September f 11 attacks must be apprehended and brought HON. STEPHANIE TUBBS JONES to justice in full compliance. And persons who TRIBUTE TO BURT HUNT OF OHIO commit hate crimes must be apprehended and IN THE HOUSE OF REPRESENTATIVES brought to justice as well. HON. GRACE F. NAPOLITANO Wednesday, November 14, 2001 f OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Mrs. JONES of Ohio. Mr. Speaker, I rise COMMENDING THE ALAMEDA today in support of the Muslims, Sikhs or per- FOOD BANK’S STUDY ON THE Wednesday, November 14, 2001 sons of Middle Eastern and South Asian de- STATE OF HUNGER IN ALAMEDA Mrs. NAPOLITANO. Mr. Speaker, I rise scent. As you know, since September 11, COUNTY today to pay tribute to Burt Hunt, a treasured there have been numerous reports of violent Principal of Alvarado Intermediate School in assaults, harassment, and threats against HON. FORTNEY PETE STARK my community of Rowland Heights, California. men, women and children targeted solely be- OF CALIFORNIA With great respect, he is retiring from the cause of their religious beliefs, ethnicity or na- IN THE HOUSE OF REPRESENTATIVES Rowland Unified District after thirty-six grateful tionality. An urgent, vigorous response is re- years in education. Mr. Burt Hunt exemplifies Wednesday, November 14, 2001 quired to stop these shameful crimes. what it means to be a public servant. His life State governments and local police need Mr. STARK. Mr. Speaker, I rise today to has been dedicated to serving others and the tools to fight and prosecute these crimes. commend the Alameda County Food Bank for helping students achieve a higher standard in H.R. 1343, The Local Law Enforcement Hate their comprehensive study, Hunger: The their academic education. Crimes Prevention Act of 2001 gives the State Faces and Facts 2001, which examines the Mr. Burt’s major contributions to the commu- and local authorities the tools and federal as- causes and the extent of hunger in Alameda nity have touched the lives of many. Burt sistance they need. We must elevate the sta- County, California. began his career as a teacher at Hurly Ele- tus of hate crimes within federal law to ensure This study shows that each month thou- mentary School, which was a poverty-stricken that the punishment fits the seriousness of the sands of low-income families cannot afford area. He then moved on to become the prin- crime committed. well-balanced meals in Alameda County. Al- cipal of Blandford Elementary School in 1974 Significant gaps still exist in protecting all though many families never imagined they and then moved back to Hurly Elementary Americans from hate-motivated crimes. The would need assistance, their barren cupboards School as the principal. Here, with his leader- Hate Crimes Prevention Act (HCPA) would and empty pockets have led them to their ship, Hurly Elementary proudly became a Cali- strengthen existing hate crime law in two pri- local soup kitchens and food pantries. Accord- fornia Distinguished School. In 1988, Burt be- mary ways: first, it would extend the protection ing to the study, 45 percent of the respond- came the principal of Alvarado Intermediate of hate crimes law to those who are victimized ents reported that they had to choose between School, where he began a program of reform because of their gender, sexual orientation or paying for food or paying for rent in the past that stressed the academic, social, and emo- disability; second, it would remove unneces- 12 months. tional need of his students. The program sary judicial impediments to prosecuting hate- The study reports that the demand for emer- showed students improving academically and based violence. gency food has increased steadily over the those with remedial needs began to have suc- Monitoring groups, such as the Council on past decade, even during the most recent eco- cess. American-Islamic Relations, have received nomic boom. As the government safety net In 1994, Alvarado Intermediate School several hundred complaints alleging retaliatory programs are weakened and as our economy proudly became the first secondary school in attacks against Muslims, Arab Americans, continues to struggle, the numbers will rise the District to gain recognition as a California South Asians and others. A shooting rampage even higher. Distinguished School. With the leadership of in Mesa, Arizona, left one Sikh man dead, with The report shows that the food stamp pro- Burt, Alvarado Intermediate School was again additional shots fired at a Lebanese clerk and gram is not doing an effective job of informing recognized by becoming the District’s first Na- the home of an Afghan family. An Egyptian- low-income families that they are eligible for tional Blue Ribbon School. American grocer was shot and killed near his food stamps. Only 21 percent of households It is with great honor that I commend Burt store in San Gabriel, California, and a that get help from food banks receive food Hunt for his commitment to helping the chil- storeowner from Pakistan was shot dead in stamps, while an estimated 80 percent have dren of his community become educated. His Dallas, Texas. incomes that would qualify them for the food presence as a leader as a principal will be Beatings and other violent assaults were re- stamp program. This represents a sharp de- sorely missed. However, his tradition and ported across the country, as were death and crease from the 37 percent of respondents leadership will be remembered and continued bomb threats. At several U.S. universities, for- who received food stamps according to the Al- by those who knew him. eign students from the Middle East and South ameda County Food Bank’s 1997 study. f Asia have been targeted for attacks, and Congress’ decision to reduce the benefit in some have chosen to leave the country be- 1996 has adversely affected poor people. TRIBUTE TO ROBERT W. cause they feared additional attacks. Mosques Ninety percent of households receiving food WILLIAMS, JR. and Sikh temples have been shot at, vandal- stamps stated that their benefits did not last ized, and defaced. A man in Parma, Ohio the entire month, reporting that on average, HON. JAMES E. CLYBURN drove his car into a Mosque. Throughout the benefits last 2.2 weeks. OF SOUTH CAROLINA country affected, community members have This study demonstrates that Congress IN THE HOUSE OF REPRESENTATIVES been afraid to leave their homes, go to work needs to greatly improve the food stamp pro- or wear traditional clothing for fear of possible gram to address the mounting hunger problem Wednesday, November 14, 2001 hate crimes against them. in Alameda County and the United States. As Mr. CLYBURN. Mr. Speaker, I rise today to The horrific terrorist attacks of September Congress makes decisions on reforming the pay tribute to Robert W. Williams Jr. of South 11 have forced the people of the US to con- food stamp program in the Farm Security Act Carolina, who is a recipient of the National front a number of terribly difficult decisions: of 2001, it needs to increase the food stamp Distinguished Presidential Award from the Na- Should the US respond to the assaults with its benefit amount and improve the program’s tional Rural Electric Cooperative Association own attack, or should we refuse to fight vio- outreach to ensure that poor families know (NRECA). His service to South Carolina in- lence with violence? How should the nation they are eligible for the program. cludes countless hours attracting new industry balance its desire for freedom with its need for I commend the Alameda County Food Bank and better jobs to the Pee Dee area of South security? And how can we best maintain our for its work on relieving hunger among poor Carolina. His commitment to rural initiatives commitment to diversity and tolerance and not families. I also congratulate them on pub- has afforded a better quality of life to innumer- let scapegoating tear the nation apart? lishing this very important report to explain the able South Carolinians.

VerDate 112000 05:35 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.025 pfrm04 PsN: E14PT1 E2078 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2001 Mr. Williams embarked upon his career in THE FAIRNESS IN ANTITRUST IN With an elevation of 5,897 feet, Mackay is rural electrification as chief engineer at NATIONAL SPORTS (FANS) ACT nestled near Mt. Borah, Idaho’s highest moun- Onconee Electric Membership located in Dud- tain. Gold, silver, lead and copper were dis- ley, Georgia. In 1966, he became general HON. JOHN CONYERS, JR. covered in the White Knob Mountains above manager of Onconee. During that time, he OF MICHIGAN Mackay in the 1880s. Over 100 years, the served as special advisor on rural electrifica- IN THE HOUSE OF REPRESENTATIVES area yielded nearly one million tons of ore re- tion to the Shah of Iran at the behest of the Wednesday, November 14, 2001 sulting in 41,996 ounces of gold, 1.7 million United States State Department and helped ounces of silver, 15.1 million pounds of lead, develop a national electrification plan for the Mr. CONYERS. Mr. Speaker, I am pleased 5.49 pounds of zinc, and 62.2 pounds of cop- entire country. to introduce today the ‘‘Fairness in Antitrust in per. National Sports Act’’—better known as the What started Mackay was mining millionaire As National Rural Electric Cooperative As- ‘‘FANS Act’’. John Mackay’s vision of a 12-mile electric sociation team leader for 4 years in the Phil- After one of the greatest World Series of all mountain railway system to transport ore down ippines, he directed the Philippines Govern- time that gave a much needed boost to the the mountain. Because of the massive project ment’s Department of Economic Development entire Country, I was shocked by Major of building the railway system, John Mackay on National and International Finance for Na- League Baseball’s decision just two days later planned the town around the railroads final tional Electrification Programs and success- to eliminate two teams as early as December stop. Named after himself, the town Mackay fully lobbied the Philippine Congress to pass a 15th of this year. was officially incorporated on October 14, National Electrification Act that he initially This is why it is imperative that Congress 1901. drafted. Mr. Williams was awarded the Phil- move quickly on the FANS Act to insure that In its 100 years, Mackay has seen the best ippine’s highest civilian award for his service anti-competitive decisions by Major League of the mining boom. During World War I, the by President Ferdinand Marcos of the Phil- Baseball concerning the elimination or reloca- mines around Mackay supplied ore for red ippines. tion of teams are subject to the antitrust laws metal. By 1917, Mackay was a thriving town of Mr. Williams joined Pee Dee Electric in like all other professional sports and busi- 400 with a post office, movie house, many 1971 as General Manager. He has also nesses. I want to make clear that the par- businesses, saloons and pool halls. served as Executive Vice President and cur- ticular modifications to the antitrust laws made At one point, the town grew to be home to rently serves as President and CEO. His vi- by the FANS Act is not intended to imply that roughly 5,000 residents. The mining boom, baseball’s antitrust exemption currently exists sionary leadership at Pee Dee Electric Coop- coupled with range livestock, dairy, and crops beyond the scope of the court’s decision in Pi- erative has earned the cooperative the rank of created a positive economic environment in azza v. Major League Baseball. number 1 electric cooperative in South Caro- which the town flourished and its residents en- Any time 30 of the wealthiest and most in- joyed their prosperity. lina and in the top 5% nationally. fluential individuals get together behind closed Unfortunately, however, the history of the He is a fierce advocate of education and doors and agree to reduce output, that cannot West is checkered with cycles of boom and economic development in the Pee Dee region. be a good thing for anyone but the monopo- bust, many of which center around the West’s He serves on the Francis Marion University lists. If GM and Ford got together and jointly most precious commodity—water. When Board of Trustees, the Francis Marion Univer- agreed to cut production, people would be out- Mackay and the surrounding region were hit sity Foundation board, and serves as the Fi- raged. That is exactly what baseball has done. by a severe drought, tempers rose and times nance and Investments Officer on the School’s In 1922 the Supreme court erroneously held grew more desperate—including a farmer re- Foundation Board of Trustees. He has been that baseball was a ‘‘game’’ that did not in- volt in 1933 that led to the dynamiting of a awarded honorary membership in the Francis volve ‘‘interstate commerce’’ and was there- headgate in a last ditch effort to release water Marion School of Business honor society, Beta fore beyond the reach of the antitrust laws. held behind a dam. The Supreme Court upheld the exemption in a Gamma Sigma. He is a past Vice Chairman of In 1983, the Mt. Borah earthquake leveled case brought in 1972 by Curt Flood, one of the Florence County Economic Development the Mackay City Hall and damaged several the greatest players of his time. But now that Authority. businesses. Despite its trials, Mackay con- professional baseball is a $3 Billion annual From 1976 to 1987, Robert Williams served tinues to be a destination spot for many. With business and the time has long since passed as a member, national director, and Chairman its breathtaking views and proximity to Idaho’s when it can be contended that baseball does of the National Retirement, Safety and Insur- scenic rivers and pristine backcountry, Mackay not constitute ‘‘interstate commerce.’’ This is ance Committee with the National Rural Elec- showcases the best Idaho has to offer. why in 1998, I led the way in repealing the ex- tric Cooperative Association, Washington DC. Mackay is a town that epitomizes the rug- emption as it applies to labor disputes, in the He served as National Director and President ged West and my home state of Idaho. well named ‘‘Curt Flood Act’’—now it is time to of the National Rural Telecommunication Co- Mackay’s residents are hard working Ida- finish the job. operative from 1984 to 1996, and as Vice The elimination of baseball teams from a hoans, who love their town, state and country. Chairman and Director of the South Carolina particular city, be it Minnesota, Montreal or I want to add my heart-felt congratulations to Aeronautics Commission from 1992 to 1994. Florida, will result in the loss of millions of dol- the citizens of this beautiful place that literally He became the president of Pee Dee lars in revenue to the local economy and the is the top of Idaho. Electricom, Inc. in 1984 and President of Pee loss of thousands of jobs. Not just the jobs of f Dee Service Corporation in 1988 and currently baseball players, but the jobs of ticket takers, holds those positions, as well. A TRIBUTE TO THE MAYOR OF food vendors, security personnel, and numer- RICHMOND, CALIFORNIA—THE Mr. Williams’ many accomplishments and ous others. HONORABLE ROSEMARY CORBIN achievements include: being awarded the A little competition is good for everyone. If Order of the Palmetto, South Carolina’s high- the antitrust laws can apply to major league est civilian award, in 1995, and being honored football, basketball, and hockey, there is not a HON. GEORGE MILLER with a tribute from the Pee Dee Electric Coop- reason in the world they cannot apply to major OF CALIFORNIA erative Board of Trustees for his numerous league baseball. Let’s level the playing field IN THE HOUSE OF REPRESENTATIVES contributions to the community. once and for all. Wednesday, November 14, 2001 Mr. Speaker, I ask you to join me today in f Mr. GEORGE MILLER of California. Mr. honoring Mr. Robert W. Williams Jr. for the ex- TRIBUTE TO MACKAY, IDAHO Speaker, I am proud to pay tribute today to a traordinary service he has provided for the great mayor, a dedicated public servant, and residents of South Carolina. He is a personal HON. MICHAEL K. SIMPSON a wonderful person as she ends a truly re- friend and trusted advisor. I sincerely thank markable and successful 8-year career as OF IDAHO Mr. Williams for the outstanding contributions Mayor of the City of Richmond, California. IN THE HOUSE OF REPRESENTATIVES he has given to the State of South Carolina Rosemary Corbin has made a tremendous through his distinguished service to the field of Wednesday, November 14, 2001 difference for the people of Richmond and the rural electrification and economic develop- Mr. SIMPSON. Mr. Speaker, I rise today to entire Bay Area of San Francisco. She is a ment. I congratulate him on all of his accom- proudly pay tribute to the city of Mackay, leader and a fighter and she gets things done. plishments, and wish him good luck and God- Idaho. Mackay is celebrating 100 years as the I am proud to have been able to work closely speed in his future endeavors. ‘‘top of Idaho.’’ with her over the years to coordinate federal

VerDate 112000 05:13 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.029 pfrm04 PsN: E14PT1 November 14, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E2079 and local efforts to protect our environment, serve this nation by: delivering 200 billion Lesley Smith, who was a career Army service- create jobs, clean up blighted neighborhoods, pieces of mail each year to 134 million ad- man. Upon his retirement in 1965, the Smiths reduce crime, improve affordable housing, at- dresses, including 20 million post office boxes; returned to Florence, South Carolina and Mrs. tract business investment, and protect the carrying more mail to more people over a larg- Smith became the Public Relations Director rights of working men and women. er geographic area than any other country; for WBTW TV 13 of Florence. She held that She was an important local voice in our suc- serving 7 million customers daily at one of position until her retirement in 1992. She also cessful efforts to secure critically needed 38,000 postal retail outlets; collecting mail served as WBTW Liaison for Corporate, Busi- funds for California and local communities for from more than 312,000 street mail collection ness, and Government Relations from 1992 to coastal protection, open space preservation, boxes; and as individual carriers, delivering 1996. Currently she is the Community Coordi- and urban recreation opportunities. about 2,300 pieces of mail a day to 500 ad- nator of Health Education at McLeod Regional She was part of the dedicated team that I dresses. Medical Center. She joined the medical center was privileged to work with to establish the Postal employees carry out these duties de- in 1997 and since then she has been respon- Rosie the Riveter Memorial and National His- spite adverse environmental and weather con- sible for creating, developing, and maintaining toric Park dedicated to preserving the history ditions, including difficult terrain, extreme heat, health programs for the indigent within the of the contribution of Richmond and tens of rain, sleet and cold. They now face a different community. thousands of women and minorities to the kind of adverse condition—a war. Our war on I would like to express my appreciation for World War II homefront effort. terrorism has placed postal workers at the Mrs. Smith’s deep interest and active partici- She fully utilized federal funds provided for front lines of a battle against those who seek pation in politics on both the local, state, and the highly successful community policing ef- to harm our nation’s citizens by contaminating national levels. She has demonstrated strong fort. She has been vigilant in her efforts to turn a valuable and critical component of our soci- commitment to the Democratic process Richmond’s ‘‘brownfields’’ into ‘‘greenfields.’’ ety’s way of life—the mail. This is not a duty through her many years of educating voters And Mayor Corbin should be very proud of they signed up for, but it is one that they have about the need and right to vote. She has one of her last acts in office, winning a federal faced, accepted and carried out with grace, served as a Poll Manager, and she served as court ruling against the Bush Administration on dignity and fortitude! a political consultant for a number of political labor policy. Despite the tragic terrorism perpetrated on campaigns, including: Florence Mayoral, Flor- Mayor Corbin also played a key role in de- our soil and the deaths of two of their col- ence City Council, Florence County Council, veloping the Federal Regional Task Force and leagues, postal employees have delivered Florence County Solicitor’s, and Florence focusing its efforts on the community of North about 34 billion pieces of mail since Sep- County Sheriff Campaigns. She was also ac- Richmond. The task force consists of all of the tember 11 in the face of a continued threat to tively involved with South Carolina State Rep- major federal agencies in Region IX and is in- their health and lives. resentative, Senatorial, Attorney General, Ad- tended to identify and coordinate essential Recently, I met with postal workers from my jutant General, and Governor Campaigns. She services to help rebuild this troubled commu- district. They are proud to work for the postal also worked on the U.S. Senatorial Campaign nity. service, but are concerned for their safety. of Ernest Hollings and on the Carter/Mondale Rosemary Corbin has been a tireless public They assured me that neither rain, snow, nor and Clinton/Gore Presidential Campaigns. She servant. She served as mayor from 1993 anthrax laced letters would keep them from also served as manager in the Pee Dee re- through this year, and served on the Rich- delivering the mail. However, with that re- gion during my own bid for Congress. I will al- mond City Council from 1985–1993. She newed pledge and resolve, they wanted my ways remember that she told me ‘‘I’ll get you serves on countless boards and committees, assurance that the government cared about to Washington even if I have to carry you on supporting the work of local, state and national them. my own back’’. organizations. And recently, she has become H. Con. Res. 257 provides this body with Mrs. Smith displayed true enthusiasm and a spokesperson on behalf of cities to ensure the opportunity to thank them for their resolve commitment when she ran at-large for Flor- they receive adequate resources to do their and all they have done to keep the mail flow- ence County Council, Although her bid was part to respond to the threat of terrorism. ing. The men and women of the U.S. Postal unsuccessful, her tremendous spirits were not The people of Richmond could not have Service have done an outstanding job of deliv- weakened. Mrs. Smith is a lifelong member of Mt. Zion asked for more from their mayor over the past ering the mail during this time of national AME Church, choir member, and President of eight years. She has been a tireless defender emergency. Further, I believe that is our duty the Richard Allen Club. She is Commissioner of their interests. She is creative, energetic, to assure their safety and well-being as they for the Florence Housing Authority; the Mental and compassionate. She has kept her atten- continue to carry out their duties and respon- Health Commission; the Executive Board of tion focused on the needs of her city and its sibilities. As such, I urge my colleagues to the NAACP; and the billboard Committee surrounding community. She should be proud support this bill, our postal workers and our under the leadership of the Florence City of her service. I am proud to have served with U.S. mail system! her. And I am confident that she will continue Council. f Mr. Speaker, I ask you to join me today in in her own way to contribute to the betterment honoring Mrs. Ruth Singleton Smith for the in- of our community. TRIBUTE TO RUTH SINGLETON credible service she has provided to the resi- Mr. Speaker, I ask that the House of Rep- SMITH dents of South Carolina. I sincerely thank Mrs. resentatives join with me in congratulating Smith for the outstanding contributions she Rosemary Corbin on her eight years of exem- HON. JAMES E. CLYBURN has given to the state of South Carolina plary service as Mayor of the great city of OF SOUTH CAROLINA through her distinguished service to the fields Richmond, California. IN THE HOUSE OF REPRESENTATIVES of health, public relations, and politics. I would f Wednesday, November 14, 2001 like to thank her for her continual support and SENSE OF CONGRESS THAT MEN Mr. CLYBURN. Mr. Speaker, I rise today to wish her good luck and Godspeed. AND WOMEN OF UNITED STATES pay tribute to Ruth Singleton Smith of Flor- f POSTAL SERVICE HAVE DONE AN ence, South Carolina, who is a respected PERSONAL EXPLANATION OUTSTANDING JOB OF DELIV- member of the community and who has ERING THE MAIL DURING THIS played a major role in several political cam- HON. PORTER J. GOSS TIME OF NATIONAL EMERGENCY paigns, including my own. Mrs. Smith’s career OF FLORIDA achievements and accomplishments exemplify IN THE HOUSE OF REPRESENTATIVES SPEECH OF her extraordinary contributions to the state of HON. ELIJAH E. CUMMINGS South Carolina. Wednesday, November 14, 2001 OF MARYLAND Mrs. Smith was born in Florence County, at- Mr. GOSS. Mr. Speaker, I was unavoidably IN THE HOUSE OF REPRESENTATIVES tended Florence County Public Schools, and detained on my return from my district in graduated from Wilson High School in 1945. Southwest Florida, as a result, I was not able Tuesday, November 13, 2001 She is a graduate of South Carolina State Col- to be present for rollcall votes 436 and 437. Mr. CUMMINGS. Madam Speaker, I stand lege, American University, and Temple Busi- Had I been present, I would have voted yes today to honor the nearly 800,000 postal em- ness School. for rollcall vote 436 and yes for rollcall vote ployees (including 49,000 employees with dis- Mrs. Smith traveled extensively throughout 437. I request that this statement appear at abilities and 251,000 veterans) who faithfully the world with her husband, the late Willie the appropriate place in the RECORD.

VerDate 112000 05:13 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.032 pfrm04 PsN: E14PT1 E2080 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2001 PERSONAL EXPLANATION vate sector coordination. This Member hopes The point is that efforts to date to meet that an agreement will be reached soon which this unique responsibility through the exclu- allows the aviation security legislation to be sive employment of agents of the federal HON. FRANK MASCARA government have not created a risk-free en- OF PENNSYLVANIA sent to the President. vironment. Nor will adding airport screeners IN THE HOUSE OF REPRESENTATIVES UNANIMITY NOT SAME AS RIGHT to the ranks of civil servants. Wednesday, November 14, 2001 SENATE, HOUSE HAVE IMPORTANT DIFFERENCES Competent people to help with that task, ABOUT FEDERAL ROLE with better equipment and more authority Mr. MASCARA. Mr. Speaker, on November It was of special interest that in the debate to challenge passengers, and with extra di- 13, 2001, I was unavoidably absent and about federalizing airport security per- rection from federal authorities, could do missed rollcall votes numbered 436 and 437. sonnel, the U.S. Senate was unanimously in the screening. It is useful to remember that For the record, I would have voted aye on favor. The rare 100–0 margin may have influ- it is far easier to remove a poor performer both of these votes. enced the vote in the House, but not enough from civilian ranks than from the civil serv- ice. There should be bipartisan acknowledg- f to carry the majority in the lower chamber. A measure designed to change the present ment of that fact. MORE THAN ONE ROUTE TO system, but not to the point of federalizing SAFER SKIES all the workers, passed the House by a nar- f row margin. That leaves the outcome to ne- gotiations between members of the House HON. DOUG BEREUTER and Senate. SENATE COMMITTEE MEETINGS OF NEBRASKA Some believe these wide differences point Title IV of Senate Resolution 4, IN THE HOUSE OF REPRESENTATIVES to unnecessary partisanship. We see it based on important principles of governance. For agreed to by the Senate on February 4, Wednesday, November 14, 2001 the proponents of federalization, Sen. John 1977, calls for establishment of a sys- Mr. BEREUTER. Mr. Speaker, this Member McCain described it not altogether accu- tem for a computerized schedule of all commends to his colleagues the following edi- rately: ‘‘This is about law enforcement, and meetings and hearings of Senate com- torial from the November 12, 2001, Norfolk law enforcement is a federal function.’’ But mittees, subcommittees, joint commit- Daily News. The editorial offers insightful com- law enforcement is also a local and state re- tees, and committees of conference. sponsibility. There is actually a division of This title requires all such committees ments on the issue of aviation security and the responsibilities, which need not be a weak- proper role for the Federal Government. ness unless agencies do not cooperate. to notify the Office of the Senate Daily Since the tragic events of September 11, The Sept. 11 attacks on the World Trade Digest—designated by the Rules com- 2001, much attention has been focused on the Center and the Pentagon succeeded not so mittee—of the time, place, and purpose need to improve security at our nation’s air- much because of failures in airport screening of the meetings, when scheduled, and ports and in our airplanes. Clearly, there are procedures (box cutters and small knives any cancellations or changes in the a number of areas that need prompt improve- were not considered dangerous as guns), as meetings as they occur. ment. The bill approved by the House on No- because of deficiencies in another system As an additional procedure along that is unarguably and totally a federal re- with the computerization of this infor- vember 1, 2001, (with bipartisan support) sponsibility. That is, the system to protect would do much to strengthen our nation’s America’s borders, to bar illegal entry or ac- mation, the Office of the Senate Daily aviation security. cess by those who intend harm. Of course, Digest will prepare this information for The House-passed bill creates a new Trans- this is a virtually impossible task to perform printing in the Extensions of Remarks portation Security Administration within the error-free in so vast a land. section of the CONGRESSIONAL RECORD Department of Transportation. It also Federal- That it is an immensely difficult job—espe- on Monday and Wednesday of each izes the airline security screening process and cially for a nation whose legal system has week. come near the point of ascribing the rights Meetings scheduled for Thursday, No- requires strict, new standards. However, the inherent in citizenship to aliens, legal and il- House version gives the President the flexi- legal—does not mean failures are to be ex- vember 15, 2001 may be found in the bility to determine which option provides the cused. It means that they should be exam- Daily Digest of today’s RECORD. highest degree of security—either using Fed- ined carefully, to try to reduce future risks No committee meetings are sched- eral employees or developing a Federal-pri- to American citizens and legal immigrants. uled.

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HIGHLIGHTS The House agreed to the conference report on H.R. 2500, Commerce, Justice, State Appropriations. Senate amendment was in violation of section 311(a)(2) of Chamber Action the Congressional Budget Act of 1974 was sustained, Routine Proceedings, pages S11737–S11867 and the amendment thus fell. Page S11783 Measures Introduced: Twenty-three bills and one Measures Indefinitely Postponed: resolution were introduced, as follows: S. Energy and Water Development Appropriations 1682–1704, and S. J. Res. 29. Page S11789 Act: S. 1171, making appropriations for energy and Measures Reported: water development for the fiscal year ending Sep- Special Report entitled ‘‘Further Revised Alloca- tember 30, 2002. Page S11867 tions to Subcommittees of Budget Totals for Fiscal Year 2002’’. (S. Rept. No. 107–98) Legislative Branch Appropriations Act: S. 1172, S. Res. 174, expressing appreciation to the United making appropriations for the Legislative Branch for Kingdom for its solidarity and leadership as an ally the fiscal year ending September 30, 2002. of the United States and reaffirming the special rela- Page S11867 tionship between the two countries. Page S11785 Treasury and General Government Appropria- Economic Security and Recovery Act: Senate con- tions Act: S. 1398, making appropriations for the tinued consideration of H.R. 3090, to provide tax Treasury Department, the United States Postal Serv- incentives for economic recovery, withdrawing the ice, the Executive Office of the President, and cer- committee amendment in the nature of a substitute. tain Independent Agencies, for the fiscal year ending Pages S11744–83 September 30, 2002. Page S11867 During consideration of this measure, Senate also Agriculture Appropriations Conference Report— took the following action: Agreement: A unanimous-consent-time agreement By 51 yeas to 47 nays (Vote No. 337), three-fifths was reached providing for consideration of the con- of those Senators duly chosen and sworn not having ference report on H.R. 2330, making appropriations voted in the affirmative, Senate rejected the motion for Agriculture, Rural Development, Food and Drug to waive section 205 of H. Con. Res. 290, Congres- Administration, and Related Agencies programs for sional Budget Resolution of 2001, with respect to the fiscal year ending September 30, 2002, at 10:30 consideration of section 909 of Baucus Amendment a.m., on Thursday, November 15, 2001, with a vote No. 2125, in the nature of a substitute. Subse- on adoption of the conference report to occur there- quently, a point of order that the section was in vio- on. Page S11867 lation of section 205 of H. Con. Res. 290, Congres- sional Budget Resolution of 2001 was sustained, and Nominations Confirmed: Senate confirmed the fol- section 909 was stricken from the amendment. lowing nomination: Page S11782 Mark W. Everson, of Texas, to be Controller, Of- By 51 yeas to 47 nays (Vote No. 338), three-fifths fice of Federal Financial Management, Office of of those Senators duly chosen and sworn not having Management and Budget. Page S11867 voted in the affirmative, Senate rejected the motion Messages From the House: Pages S11784–85 to waive section 311(a)(2) of the Congressional Measures Referred: Page S11785 Budget Act of 1974 with respect to consideration of Baucus Amendment No. 2125, in the nature of a Executive Reports of Committees: Pages S11785–89 substitute. Subsequently, a point of order that the Additional Cosponsors: Pages S11789–90 D1139

VerDate 11-MAY-2000 05:10 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14NO1.REC pfrm02 PsN: D14NO1 D1140 CONGRESSIONAL RECORD — DAILY DIGEST November 14, 2001 Statements on Introduced Bills/Resolutions: money, and the potential for abuse of this particular Pages S11790–95 system in terrorist financing, drug trafficking, alien Additional Statements: Page S11784 smuggling, and tax evasion, after receiving testi- mony from James F. Sloan, Director, Financial Amendments Submitted: Pages S11795–S11865 Crimes Enforcement Network, and John Varrone, Authority for Committees to Meet: Assistant Commissioner, Office of Investigations, Pages S11865–67 U.S. Customs Service, both of the Department of the Record Votes: Two record votes were taken today. Treasury; Tarik M. Yousef, Georgetown University (Total–338) Pages S11782, S11783 School of Foreign Service Department of Economics, Washington, D.C.; Patrick Jost, SRA International Adjournment: Senate met at 10:30 a.m., and ad- Inc., Falls Church, Virginia; and Rahim Bariek, journed at 6:31 p.m., until 10 a.m., on Thursday, Bariek Money Transfer. November 15, 2001. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s NOMINATION Record on page S11867.) Committee on Energy and Natural Resources: Committee concluded hearings on the nomination of Kathleen Committee Meetings Burton Clarke, of Utah, to be Director of the Bureau of Land Management, Department of the Interior, (Committees not listed did not meet) after the nominee, who was introduced by Senators NEW FEDERAL FARM BILL Hatch and Bennett, testified and answered questions in her own behalf. Committee on Agriculture, Nutrition, and Forestry: Com- mittee met and approved Title IV (Nutrition Pro- FOREST FIRE PREVENTION grams) of S. 1628, to strengthen the safety net for Committee on Energy and Natural Resources: Sub- agricultural producers, to enhance resource conserva- committee on Public Lands and Forests held hear- tion and rural development, to provide for farm ings to examine the investigative report of the credit, agricultural research, nutrition, and related Thirtymile Fire accident in the State of Washington programs, to ensure consumers abundant food and and the prevention of future fire fatalities, receiving fiber. testimony from Representative Doc Hastings; Dale Committee will meet again tomorrow. Bosworth, Chief, and Jerry Williams, Director, Avia- EMERGENCY OPERATIONS tion and Fire Management, both of the Forest Serv- Committee on Appropriations: Subcommittee on District ice, Department of Agriculture; Paul Gleason, Colo- of Columbia concluded hearings to examine emer- rado State University, Fort Collins; Philip gency operations planning and response in the met- Schaenman, TriData Corporation, Arlington, Vir- ropolitan Washington area, focusing on a request for ginia; and Ken Weaver, Yakima, Washington. emergency supplemental funding, after receiving tes- Hearings were recessed subject to call. timony from Mayor Anthony A. Williams, Deputy NATIONAL WATER SUPPLY Mayor for Public Safety Margaret Nedelkoff Kellems, Linda W. Cropp, Chair of the District of Committee on Environment and Public Works: Sub- Columbia Council, Chief Charles Ramsey, Metropoli- committee on Fisheries, Wildlife, and Water con- tan Police Department, Chief Ronnie Few, Fire and cluded oversight hearings to examine national water Emergency Medical Services Department, Ivan C. supply issues, focusing on regional differences of Walks, Director, Department of Health, Peter water shortages, potential causes for shortages, how LaPorte, Director, Emergency Management Services federal programs work to ensure that state and local Agency, Richard A. White, General Manager, Wash- governments are dealing with water supply needs, ington Metro Area Transit Authority, and Michael and programs to facilitate an efficient and effective Rogers, Executive Director, Metropolitan Wash- federal role in water supply, after receiving testi- ington Council of Governments, all of the Govern- mony from Mike Parker, Assistant Secretary of the ment of the District of Columbia. Army for Civil Works; John Keys, Commissioner, Bureau of Reclamation, and Robert M. Hirsch, As- HAWALA sistant Director for Water, U.S. Geological Survey, Committee on Banking, Housing, and Urban Affairs: both of the Department of the Interior; Thomas Subcommittee on International Trade and Finance A.Weber, Deputy Chief for Programs, Natural Re- concluded hearings to examine informal banking sys- sources Conservation Service, Department of Agri- tems, focusing on hawala—an informal structure re- culture; Michael B. Cook, Director of the Office of ferring a creditor to a third party to receive his/her Water Quality, Environmental Protection Agency;

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Jay L. Rutherford, Vermont Department of Environ- Maryland, a Career Member of the Senior Foreign mental Conservation, Waterbury, on behalf of the Service, Class of Minister-Counselor, for the rank of Association of State Drinking Water Administrators; Ambassador during his tenure of service as Head of Ane D. Deister, Metropolitan Water District of Mission, Organization for Security and Cooperation Southern California, Los Angeles; Kenneth Frederick, in Europe (OSCE), Bosnia and Herzegovina, J. Rich- Resources for the Future, Washington, D.C.; and Le- ard Blankenship, of Florida, to be Ambassador to the land L. Mink, University of Idaho Water Resources Commonwealth of The Bahamas, Lyons Brown, Jr., Research Institute, Moscow. of Kentucky, to be Ambassador to the Republic of CHEMICAL SECURITY Austria, Raymond F. Burghardt, of Florida, a Career Committee on Environment and Public Works: Sub- Member of the Senior Foreign Service, Class of Min- committee on Superfund, Waste Control, and Risk ister-Counselor, to be Ambassador to the Socialist Assessment concluded hearings on S.1602, to help Republic of Vietnam, Christopher Bancroft protect the public against the threat of chemical at- Burnham, of Connecticut, to be Chief Financial Offi- tacks, after receiving testimony from Robert C. cer and Assistant Secretary for Resource Manage- Shinn, Jr., New Jersey Department of Environmental ment, Department of State, Larry Miles Dinger, of Protection, Trenton; Frederick L. Webber, American Iowa, a Career Member of the Foreign Service, to be Chemistry Council, Rosslyn, Virginia; Paul Orum, Ambassador to the Federated States of Micronesia, Working Group on Community Right-to-Know, Jose A. Fourquet, of New Jersey, to be United States and Rena Steinzor, National Resources Defense Executive Director of the Inter-American Develop- Council, both of Washington, D.C.; and William ment Bank, Charles Lawrence Greenwood, Jr., of Stanley, Deepwater Chemicals, Woodward, Okla- Florida, a Career Member of the Senior Foreign Serv- homa, on behalf of the Synthetic Organic Chemical ice, Class of Minister-Counselor, for the rank of Am- Manufacturers Association. bassador during his tenure of service as Coordinator BUSINESS MEETING for Asia Pacific Economic Cooperation (APEC), Wil- liam J. Hybl, of Colorado, to be Representative of Committee on Foreign Relations: Committee ordered fa- the United States of America to the Fifty-sixth Ses- vorably reported the following business meetings: sion of the General Assembly of the United Nations, An original bill to authorize appropriations under Darryl Norman Johnson, of Washington, a Career the Arms Export Control Act and the Foreign As- Member of the Senior Foreign Service, Class of Min- sistance Act of 1961 for security assistance for fiscal ister-Counselor, to be Ambassador to the Kingdom years 2002 and 2003; of Thailand, Ernest L. Johnson, of Louisiana, to be S. Res. 174, expressing appreciation to the United an Alternate Representative of the United States of Kingdom for its solidarity and leadership as an ally of the United States and reaffirming the special rela- America to the Fifty-sixth Session of the General As- tionship between the two countries; sembly of the United Nations, Nancy Cain Marcus, International Convention for the Suppression of of Texas, to be an Alternate Representative of the Terrorist Bombings, adopted by the United Nations United States of America to the Fifty-sixth Session General Assembly on December 15, 1997, and of the General Assembly of the United Nations, signed on behalf of the United States of America on John Marshall, of Virginia, to be Assistant Adminis- January 12, 1998 (Treaty Doc. 106–6), with 2 res- trator for Management, United States Agency for ervations, 3 understandings, and 3 conditions; International Development, Stephan Michael Protocol Relating to the Madrid Agreement Con- Minikes, of the District of Columbia, to be U. S. cerning the International Registration of Marks Representative to the Organization for Security and adopted at Madrid June 27, 1989, entered into force Cooperation in Europe, with the rank of Ambas- on December 1, 1995 (Treaty Doc. 106–41), with 1 sador, William D. Montgomery, of Pennsylvania, a understanding, 4 declarations, and 2 conditions; Career Member of the Senior Foreign Service, Class International Convention for the Suppression of of Minister-Counselor, to be Ambassador to the Fed- the Financing of Terrorism adopted by the United eral Republic of Yugoslavia, Constance Berry New- Nations General Assembly on December 9, 1999, man, of Illinois, to be Assistant Administrator for and signed on behalf of the United States of America Africa, United States Agency for International Devel- on January 10, 2000 (Treaty Doc. 106–49), with 2 opment, Cynthia Shepard Perry, of Texas, to be reservations, 2 understandings, and 3 conditions; and United States Director of the African Development The nominations of George L. Argyros, Sr., of Bank, Charles Lester Pritchard, of Virginia, for the California, to be Ambassador to Spain, and to serve rank of Ambassador during his tenure of service as concurrently and without additional compensation as Special Envoy for Negotiations with the Democratic Ambassador to Andorra, Robert M. Beecroft, of People’s Republic of Korea (DPRK) and United

VerDate 11-MAY-2000 05:10 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D14NO1.REC pfrm02 PsN: D14NO1 D1142 CONGRESSIONAL RECORD — DAILY DIGEST November 14, 2001 States Representative to the Korean Peninsula En- H.R. 1499, to amend the District of Columbia ergy Development Organization (KEDO), Melvin F. College Access Act of 1999 to permit individuals Sembler, of Florida, to be Ambassador to Italy, Ron- who graduated from a secondary school prior to ald Weiser, of Michigan, to be Ambassador to the 1998 and individuals who enroll in an institution of Slovak Republic, and certain Foreign Service Officer higher education more than 3 years after graduating Promotion lists received in the Senate on October from a secondary school to participate in the tuition 16, 2001. assistance programs under such Act, with an amend- NOMINATIONS ment in the nature of a substitute; Committee on Foreign Relations: Committee concluded H.R. 2199, to amend the National Capital Revi- hearings on the nominations of Gaddi H. Vasquez, talization and Self-Government Improvement Act of of California, to be Director, and Josephine K. 1997 to permit any Federal law enforcement agency Olsen, of Maryland, to be Deputy Director, both of to enter into a cooperative agreement with the Met- the Peace Corps, after the nominees testified and an- ropolitan Police Department of the District of Co- swered questions in their own behalf. Mr. Vasquez lumbia to assist the Department in carrying out was introduced by Senator Boxer and Representatives crime prevention and law enforcement activities in Cox and Sanchez, and Ms. Olsen was introduced by the District of Columbia if deemed appropriate by Senator Hatch. Testimony was also received from the Chief of the Department and the United States Jack Hoodvaughn, former Director, Peace Corps. Attorney for the District of Columbia; H.R. 2061, to amend the charter of Southeastern BUSINESS MEETING University of the District of Columbia; Committee on Governmental Affairs: Committee ordered S. 1271, to amend chapter 35 of title 44, United favorably reported the following business items: States Code, for the purpose of facilitating compli- S. 1498, to provide that Federal employees, mem- ance by small business concerns with certain Federal bers of the foreign service, members of the uni- paperwork requirements, and to establish a task force formed services, family members and dependents of to examine the feasibility of streamlining paperwork such employees and members, and other individuals requirements applicable to small business concerns, may retain for personal use promotional items re- with an amendment in the nature of a substitute; ceived as a result of official Government travel; H.R. 2456, to provide that Federal employees, H.R. 2336, to make permanent the authority to members of the foreign service, members of the uni- redact financial disclosure statements of judicial em- formed services, family members and dependents of ployees and judicial officers; such employees and members, and other individuals H.R. 2559, to amend chapter 90 of title 5, may retain for personal use promotional items re- United States Code, relating to Federal long-term ceived as a result of official Government travel, with care insurance; an amendment in the nature of a substitute; S. 1184/H.R. 2261, to designate the facility of S. 1382, to amend title 11, District of Columbia the United States Postal Service located at 2853 Code, to redesignate the Family Division of the Su- Candler Road in Decatur, Georgia, as the ‘‘Earl T. perior Court of the District of Columbia as the Fam- Shinhoster Post Office’’; ily Court of the Superior Court, to recruit and retain S. 1381/H.R. 2454, to redesignate the facility of trained and experienced judges to serve in the Fam- the United States Postal Service located at 5472 ily Court, and to promote consistency and efficiency Crenshaw Boulevard in Los Angeles, California, as in the assignment of judges to the Family Court and the ‘‘Congressmen Julian C. Dixon Post Office in the consideration of actions and proceedings in Building’’; the Family Court, with an amendment in the nature H.R. 1766, to designate the facility of the United of a substitute; States Postal Service located at 4270 John Marr H.R. 2657, to amend title 11, District of Colum- Drive in Annandale, Virginia, as the ‘‘Stan Parris bia Code, to redesignate the Family Division of the Post Office Building’’; Superior Court of the District of Columbia as the S. 737, to designate the facility of the United Family Court of the Superior Court, to recruit and States Postal Service located at 811 South Main retain trained and experienced judges to serve in the Street in Yerington, Nevada, as the ‘‘Joseph E. Dini, Family Court, and to promote consistency and effi- Jr. Post Office’’; and ciency in the assignment of judges to the Family The nomination of Odessa F. Vincent, to be an Court and in the consideration of actions and pro- ceedings in the Family Court, with an amendment Associate Judge of the Superior Court of the District in the nature of a substitute; of Columbia.

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AIRPORT SECURITY S. Spector, Monterey Institute of International Stud- Committee on Governmental Affairs: Committee con- ies Center for Nonproliferation Studies, both of cluded joint hearings with the Subcommittee on Washington, D.C. Oversight of Government Management, Restruc- Hearings recessed subject to call. turing and the District of Columbia to examine avia- SECURITY TECHNOLOGIES: BIOMETRICS tion security measure improvements that have been implemented since terrorist attacks on September Committee on the Judiciary: Subcommittee on Tech- 11, 2001, and improvements that still need to be nology, Terrorism, and Government Information made, after receiving testimony from Jane F. Garvey, concluded hearings to examine the availability of se- Administrator, Federal Aviation Administration, and curity related equipment and the status of the devel- Kenneth M. Mead, Inspector General, both of the opment of future technologies to prevent terrorism, Department of Transportation; Bruce E. Carter, focusing on applied biometrics (the statistical study Quad City International Airport, Moline, Illinois; of biological phenomena), including an integrated Jacqueline Mathes, United Airlines, Chicago, Illi- automated fingerprint identification system, and fa- nois, on behalf of the Association of Flight Attend- cial and iris recognition technology, after receiving ants, AFL–CIO; Marianne McInerney, National Busi- testimony from Michael D. Kirkpatrick, Assistant ness Travel Association, Alexandria, Virginia; and Director-in-Charge, Criminal Justice Information Duane E. Woerth, Northwest Airlines, Washington, Services Division, Federal Bureau of Investigation, D.C., on behalf of the Air Line Pilots Association, Department of Justice; Monte R. Belger, Acting International. Deputy Administrator, Federal Aviation Administra- tion, Department of Transportation; Joseph J. Atick, NUCLEAR NON-PROLIFERATION Visionics Corporation, Jersey City, New Jersey; Jo- Committee on Governmental Affairs: Subcommittee on anna Lau, Lau Technologies/VIISAGE Technology, International Security, Proliferation and Federal Serv- Littleton, Massachusetts; Valerie J. Lyons, Identix ices held hearings on S. 673, to establish within the Incorporated, Los Gatos, California; William Willis, executive branch of the Government an interagency Iridian Technologies, Inc., Moorestown, New Jersey; committee to review and coordinate United States Martin Huddart, Recognition Systems, Inc., Camp- nonproliferation efforts in the independent states of bell, California; and Richard Haddock, Drexler the former Soviet Union, and to examine certain Technology Corporation/LaserCard Systems Corpora- other United States non-proliferation programs de- tion, Mountain View, California. signed to combat the proliferation of weapons of mass destruction and reduce the threat to national INTELLIGENCE security, receiving testimony from Senator Hagel; Select Committee on Intelligence: Committee held closed Gary L. Jones, Director, Natural Resources and Envi- hearings on intelligence matters, receiving testimony ronment, General Accounting Office; and Laura S. from officials of the intelligence community. H. Holgate, Nuclear Threat Initiative, and Leonard Committee recessed subject to call. h House of Representatives their retirement income assets (H. Rept. 107–289); Chamber Action and Measures Introduced: 8 public bills, H.R. H.R. 3009, to extend the Andean Trade Pref- 3288–3295, were introduced. Page H8181 erence Act, to grant additional trade benefits under Reports Filed: Reports were filed today as follows: that Act, amended (H. Rept. 107–290). Page H8180 H.R. 981, to provide a biennial budget for the Speaker Pro Tempore: Read a letter from the United States Government, amended (H. Rept. Speaker wherein he appointed Representative Simp- 107–200 Part 2); son to act as Speaker pro tempore for today. H. Res. 288, providing for consideration of H.R. Page H8135 2269, to amend title I of the Employee Retirement Income Security Act of 1974 and the Internal Rev- Recess: The House recessed at 10:43 a.m. and re- enue Code of 1986 to promote the provision of re- convened at 12:58 p.m. Page H8144 tirement investment advice to workers managing

VerDate 11-MAY-2000 05:10 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D14NO1.REC pfrm02 PsN: D14NO1 D1144 CONGRESSIONAL RECORD — DAILY DIGEST November 14, 2001 Committee on Transportation and Infrastruc- posal. Testimony was heard from Roger L. Bensey, ture: Read a letter from Chairman Young of Alaska Director, Watersheds and Wetlands Division, Nat- wherein he transmitted resolutions approved by the ural Resources Conservation Service, USDA; and Committee on Nov. 7, 2001—referred to the Com- Steve Douty, member, City Council, Buena Vista, mittee on Appropriations. Pages H8138–42 Virginia.. Commerce, Justice, State Appropriations Con- ference Report: The House agreed to the conference AMENDMENT TO THE DEFENSE report on H.R. 2500, making appropriations for the APPROPRIATIONS Departments of Commerce, Justice, and State, the Committee on Appropriations: approved an amendment Judiciary, and related agencies for the fiscal year to the Defense appropriations bill. ending September 30, 2002 by a yea-and-nay vote of 411 yeas to 15 nays, Roll No. 438. Pages H8144–59 ECONOMIC RECOVERY AND ASSISTANCE Earlier, H. Res. 286, the rule that waived points TO WORKERS of order against the conference report was agreed to by voice vote. Pages H8142–44 Committee on Education and the Workforce: Held a hear- ing on ‘‘Economic Recovery and Assistance to Work- Suspensions: The House agreed to suspend the rules ers-Minority Day.’’ Testimony was heard from public and pass the following measures that were debated witnesses. on Tuesday, Nov. 13. Page H8159 Continued Support for Nobel Laureate Daw BECK RIGHTS 2001 Aung San Suu Kyi of Burma: H. Con. Res. 211, amended, commending Daw Aung San Suu Kyi on Committee on Education and the Workforce: Sub- the 10th anniversary of her receiving the Nobel committee on Workforce Protections held a hearing Peace Prize and expressing the sense of the Congress on ‘‘ ‘Beck’ Rights 2001: Are Worker Rights Being with respect to the Government of Burma (agreed to Adequately Enforced?’’ Testimony was heard from by a yea-and-nay vote of 420 yeas with none voting Arthur F. Rosenfeld, General Counsel, NLRB; and ‘‘ nay,’’ Roll No. 439); and Pages H8159–60 public witnesses. Commending the Men and Women of the COMPREHENSIVE MEDICAL CARE FOR United States Postal Service: H. Con. Res. 257, amended, expressing the sense of the Congress that BIOTERRORISM EXPOSURE the men and women of the United States Postal Committee on Government Reform: Held a hearing on Service have done an outstanding job of delivering ‘‘Comprehensive Medical Care for Bioterrorism Expo- the mail during this time of national emergency sure—Are We Making Evidence-Based Decisions? (agreed to by a yea-and-nay vote of 418 yeas with What are the Research Needs? Testimony was heard none voting ‘‘nay,’’ Roll No. 440); and agreed to from Maj. Gen. John Parker, USA, U.S. Army Med- amend the title. Pages H8160–61 ical Research Institute for Infectious Diseases, De- Senate messages: Messages received from the Senate partment of Defense; the following officials of the appear on page H8135. Department of Health and Human Services: Carol Heilman, M.D., Director, Division of Microbiology Referrals: S. Con. Res. 82 was held as the desk and S. Con. Res. 83 was referred to the Committee on and Infectious Diseases, National Institute of Allergy and Infectious Diseases; Andrea Meyerhoff, M.D., Transportation and Infrastructure. Pages H8135, H8180 Director, Anti-Terrorism Programs, FDA; and Ste- Quorum Calls—Votes: Three yea-and-nay votes de- phen Straus M.D., Director, National Center for veloped during the proceedings of the House today Complementary and Alternative Medicine; and pub- and appear on pages H8159, H8159–60, lic witnesses. H8160–61. There were no quorum calls. Adjournment: The House met at 10 a.m. and ad- RETHINKING U.S. PUBLIC POLICY journed at 5:08 p.m. Committee on International Relations: Held a hearing on the Message is America: Rethinking U.S. Public Di- Committee Meetings plomacy. Testimony was heard from Edward S. BUENA VISTA WATERSHED PROPOSAL Walker, Jr., former U.S. Ambassador to Egypt, Israel and the United Arab Emirates and former Assistant Committee on Agriculture: Subcommittee on Conserva- Secretary, Near Eastern Affairs, Department of State; tion, Credit, Rural Development and Research held and public witnesses. a hearing to review the Buena Vista Watershed Pro-

VerDate 11-MAY-2000 05:10 Nov 15, 2001 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D14NO1.REC pfrm02 PsN: D14NO1 November 14, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D1145 ANTI-HOAX TERRORISM ACT; WATER INFRASTRUCTURE SECURITY AND INTERNATIONAL CONVENTION FOR THE RESEARCH DEVELOPMENT ACT; ANTI- SUPPRESSION OF TERRORISTS BOMBING TERRORISM TOOLS FOR WATER IMPLEMENTATION INFRASTRUCTURE Committee on the Judiciary: Subcommittee on Crime Committee on Science: Held a hearing on H.R. 3178, approved for full Committee action the following Water Infrastructure Security and Research Develop- bills: H.R. 3209, amended, Anti-Hoax Terrorism ment Act, and the Development of Anti-Terrorism Act of 2001; and H.R. 3275, to implement or the Tools for Water Infrastructure. Testimony was heard International Convention for the Suppression of Ter- from James Kallstrom, Director, Office of Public Se- rorist Bombings to strengthen criminal laws relating curity, State of New York; Jeffrey Danneels, Depart- to attacks on places of public use, to implement the ment Manager, Security Systems and Technology International Convention of the Suppression of the Center, Sandia National Technology Board; and pub- lic witnesses. Financing of Terrorism, to combat terrorism and de- fend the Nation against terrorist acts. AMERICAN SMALL BUSINESS EMERGENCY Prior to this action, the Subcommittee held a RELIEF AND RECOVERY ACT hearing on H.R. 3275. Testimony was heard from Committee on Small Business: Ordered reported, as Sam Witten, Deputy Legal Adviser, Department of amended, H.R. 3230, American Small Business State; and Michael Chertoff, Assistant Attorney Gen- Emergency Relief and Recovery Act of 2001. eral, Criminal Division, Department of Justice. WEAPONS OF MASS DESTRUCTION— RETIREMENT SECURITY ADVICE ACT EDUCATING HEALTH CARE PROFESSIONALS Committee on Rules: Granted, by voice vote, a modi- fied closed rule on H.R. 2269, Retirement Security Committee on Veterans’ Affairs: Subcommittee on Over- Advice Act of 2001, providing one hundred minutes sight and Investigations held a hearing to review the roles of the Departments of Veterans Affairs and De- of debate in the House with sixty minutes equally fense in educating the Nation’s medical students and divided and controlled by the chairman and ranking current health care professionals to diagnose and minority member of the Committee on Education treat casualties of weapons of mass destruction. Tes- and the Workforce and forty minutes equally di- timony was heard from Representatives Cooksey and vided and controlled by the Chairman and ranking Weldon of Florida; Rear Adm. John F. Eisold, M.D., minority member of the Committee on Ways and U.S. Navy Medical Corps; Attending Physician to Means. The rule provides that, in lieu of the amend- Congress; Frances M. Murphy, M.D., Deputy Under ments recommended by the Committees on Edu- Secretary, Health, Veterans Health Administration, cation and the Workforce and Ways and Means, the Department of Veterans Affairs; Val G. Hemming, amendment in the nature of a substitute printed in M.D., Dean, F. Edward Hebert School of Medicine, part A of the Rules Committee report accompanying Uniformed Services University of the Health the resolution shall be considered as adopted. The Sciences, Department of Defense; and public wit- rule waives all points of order against consideration nesses. of the bill as amended. The rule provides for consid- eration of only the amendment in the nature of a INTELLIGENCE COMMUNITY ANALYTIC ACTIVITIES substitute printed in part B of the Rules Committee report accompanying the resolution, if offered by Permanent Select Committee on Intelligence: Met in execu- Representative George Miller of California, or his tive session to hold a hearing to review Intelligence designee, which shall be considered as read and shall Community Analytic Activities. Testimony was be separately debatable for one hour equally divided heard from departmental witnesses. and controlled by the proponent and an opponent. The rule waives all points of order against the Joint Meetings amendment printed in part B of the report. Finally, APPROPRIATIONS—FOREIGN OPERATIONS the rule provides one motion to recommit with or Conferees met to resolve the differences between the without instructions. Testimony was heard from Senate and House passed versions of H.R. 2506, making Representatives Sam Johnson of Texas; Andrews and appropriations for foreign operations, export financing, Rangel. and related programs for the fiscal year ending September

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30, 2001, but did not complete action thereon, and re- missioner of the Children, Youth, and Family Adminis- cessed subject to call. tration, both of the Department of Health and Human f Services, 10 a.m., SD–215. Committee on Foreign Relations: Subcommittee on Inter- COMMITTEE MEETINGS FOR THURSDAY, national Operations and Terrorism, with the Sub- NOVEMBER 15, 2001 committee on Near Eastern and South Asian Affairs, to (Committee meetings are open unless otherwise indicated) hold joint hearings to examine U.S. efforts to deliver aid to Afghanistan, 2 p.m., SD–419. Senate Subcommittee on Near Eastern and South Asian Af- Committee on Agriculture, Nutrition, and Forestry: business fairs, with the Subcommittee on International Operations meeting to resume consideration of S. 1628, to strength- and Terrorism, to hold joint hearings to examine U.S. ef- en the safety net for agricultural producers, to enhance re- forts to deliver aid to Afghanistan, 2 p.m., SD–419. source conservation and rural development, to provide for Committee on Governmental Affairs: to hold oversight farm credit, agricultural research, nutrition, and related hearings to examine the Medicare payment policies for programs, to ensure consumers abundant food and fiber, ambulance services of the Centers for Medicare and Med- 8:30 a.m., SR–328A. icaid Services of the Department of Health and Human Committee on Armed Services: Subcommittee on Emerging Services, 9:15 a.m., SD–342. Threats and Capabilities, to hold hearings to examine ter- House rorist organizations and motivations, 2:30 p.m., SR–222. Subcommittee on Emerging Threats and Capabilities, Committee on Agriculture, to consider the Buena Vista to hold a closed briefing on terrorist organizations and Watershed Proposal; followed by a hearing to review the motivations, 4 p.m., SR–232A. USDA Biosecurity Programs and Authorities, 9:30 a.m., Committee on Banking, Housing, and Urban Affairs: busi- 1300 Longworth. ness meeting to consider the nomination of Mark W. Committee on Energy and Commerce, hearing on bioter- Olson, of Minnesota, and the nomination of Susan rorism and proposals to combat terrorism, 10 a.m., 2123 Schmidt Bies, of Tennessee, each to be a Member of the Rayburn. Board of Governors of the Federal Reserve System; and Subcommittee on Commerce, Trade, and Consumer the nomination of James Gilleran, of California, to be Di- Protection, hearing entitled ‘‘Cyber Security: Private-Sec- rector of the Office of Thrift Supervision, Department of tor Efforts Addressing Cyber Threats,’’ 1 p.m., 2322 Ray- the Treasury, 10 a.m., SD–538. burn. Full Committee, to hold hearings on the nomination Subcommittee on Health, hearing entitled ‘‘Raising of Allan I. Mendelowitz, of Connecticut, the nomination Health Awareness Through Examining Benign Brain of Franz S. Leichter, of New York, and the nomination Tumor Cancer, Alpha One, and Breast Implant Issues,’’ of John Thomas Korsmo, of North Dakota, each to be a 2 p.m., 2123 Rayburn. Director, all of the Federal Housing Finance Board; and Committee on Government Reform, Subcommittee on the the nomination of Randall S. Kroszner, of Illinois, to be District of Columbia, hearing on the ‘‘Emergency Pre- a Member of the Council of Economic Advisers, 10:15 paredness in the Nation’s Capital-Economic Impact of a.m., SD–538. Terrorists Attacks,’’ 10 a.m., 2154 Rayburn. Committee on Commerce, Science, and Transportation: to Committee on House Administration, to mark up H.R. hold hearings on the nomination of William Schubert, of 3295, to establish a program to provide funds to States Texas, to be Administrator of the Maritime Administra- to replace punch card voting systems, to establish the tion, Department of Transportation, 10 a.m., SR–253. Election Assistance Commission to assist in the adminis- Committee on Environment and Public Works: to hold hear- tration of Federal elections and to otherwise provide as- ings to examine the effects of S. 556, to amend the Clean sistance with the administration of certain Federal elec- Air Act to reduce emissions from electric powerplants, on tion laws and programs, to establish minimum election the environment and the economy, 9:30 a.m., SD–406. administration standards for States and units of local gov- Committee on Finance: to hold hearings on the nomina- ernment with responsibility for the administration of Fed- tion of Richard Clarida, of Connecticut, to be Assistant eral elections, 11 a.m., 1310 Longworth. Secretary for Economic Policy, the nomination of Ken- Committee on International Relations, Subcommittee on neth Lawson, of Florida, to be Assistant Secretary for En- Africa, hearing on Africa and the War on Global Ter- forcement, and the nomination of B. John Williams, Jr., rorism, 2 p.m., 2200 Rayburn. of Virginia, to be Chief Counsel for the Internal Revenue Subcommittee on East Asia and the Pacific, hearing on Service and Assistant General Counsel, all of the Depart- Northeast Asia after 9/11: Regional Trends and Interests, ment of the Treasury; the nomination of James B. 2:30 p.m., 2172 Rayburn. Lockhart III, of Connecticut, to be Deputy Commissioner Committee on the Judiciary, to mark up the following of Social Security, and the nomination of Harold Daub, bills: H.R. 3275, to implement the International Conven- of Nebraska, to be a Member of the Social Security Advi- tion for the Suppression of Terrorists Bombings to sory Board, both of the Social Security Administration, strengthen criminal laws relating to attacks on places of and the nomination of Janet Hale, of Virginia, to be As- public use, to implement the International Convention sistant Secretary for Management and Budget, and the for the Suppression of the Financing of Terrorism, to nomination of Joan E. Ohl, of West Virginia, to be Com- combat terrorism and defend the Nation against terrorist

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acts; H.R. 3209, Anti-Hoax Terrorism Act of 2001; H.R. torical Park; and H.R. 2440, to rename Wolf Trap Farm 3030, Basic Pilot Extension Act of 2001; and H.R. 1022, Park as ‘‘Wolf Trap National Park for the Performing Community Recognition Act of 2001, 10 a.m., 2141 Arts,’’ 10 a.m., 1334 Longworth. Rayburn. Committee on Science, to mark up H.R. 3178, Water In- Subcommittee on Immigration and Claims, hearing on frastructure Security and Research Development Act, 10 H.R. 3231, Immigration Reform and Accountability Act a.m., 2318 Rayburn. of 2001, 2 p.m., 2237 Rayburn. Committee on Small Business, hearing on a national sales Committee on Resources, Subcommittee on National tax holiday, and its potential to serve as a stimulus for Parks, Recreation and Public Lands, to mark up the fol- our nation’s small businesses, 10 a.m., 2360 Rayburn. lowing bills: H.R. 38, Homestead National Monument of Committee on Transportation and Infrastructure, Sub- America Additions Act; H.R. 1925, to direct the Sec- committee on Water Resources and Environment, hearing retary of the Interior to study the suitability and feasi- bility of designating the Waco Mammoth Site Area in on the Future of the TMDL Program: How to Make Waco, Texas, as a unit of the National Park System; TMDLs Effective Tools for Improving Water Quality, H.R. 1963, to amend the National Trails System Act to 9:30 a.m., 2167 Rayburn. designate the route taken by American soldier and fron- Committee on Ways and Means, Subcommittee on tiersman, George Rogers Clark and his men during the Human Resources, hearing on Teen Pregnancy Preven- Revolutionary War to capture the British forts as tion, 10 a.m., B–318 Rayburn. Kaskaskia and Cahokia, Illinois, and Vincennes, Indiana, Permanent Select Committee on Intelligence, Subcommittee for study for potential addition to the National Trails on Intelligence Policy and National Security, executive, System; H.R. 2234, Tumacacori National Historical Park hearing on Quadrennial Intelligence Community Review, Boundary Revision Act of 2001; H.R. 2238, to authorize 1:30 p.m., H–405 Capitol. the Secretary of the Interior to acquire Fern Lakes and the Subcommittee on Terrorism and Homeland Security, surrounding watershed in the states of Kentucky and executive, hearing on FBI Information Sharing, 10 a.m., Tennessee for addition to Cumberland Gap National His- H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Thursday, November 15 10 a.m., Thursday, November 15

Senate Chamber House Chamber Program for Thursday: After the recognition of two Senators for speeches and the transaction of any morning Program for Thursday: Consideration of H.R. 2269, business (not to extend beyond 10:30 a.m.), Senate will Retirement Security Advice Act of 2001 (modified closed consider the conference report on H.R. 2330, Agriculture rule, 1 hour 40 minutes of debate). Appropriations Act, with a vote on the adoption of the conference report to occur thereon.

Extensions of Remarks, as inserted in this issue

HOUSE Jones, Stephanie Tubbs, Ohio, E2077 Rangel, Charles B., N.Y., E2072 Lucas, Frank D., Okla., E2075 Rogers, Mike, Mich., E2074 Bereuter, Doug, Nebr., E2080 McCarthy, Carolyn, N.Y., E2075 Simpson, Michael K., Idaho, E2078 Clyburn, James E., S.C., E2077, E2079 Markey, Edward J., Mass., E2075 Stark, Fortney Pete, Calif., E2077 Conyers, John, Jr., Mich., E2078 Mascara, Frank, Pa., E2080 Udall, Mark, Colo., E2071, E2072, E2074 Cramer, Robert E. (Bud), Jr., Ala., E2072 Matheson, Jim, Utah, E2072 Watts, J.C., Jr., Okla., E2074 Cummings, Elijah E., Md., E2079 Miller, George, Calif., E2078 Weller, Jerry, Ill., E2073 Gordon, Bart, Tenn., E2071 Napolitano, Grace F., Calif., E2077 Wolf, Frank R., Va., E2076 Goss, Porter J., Fla., E2079 Pallone, Frank, Jr., N.J., E2073 Wynn, Albert Russell, Md., E2073 Graves, Sam, Mo., E2074 Radanovich, George, Calif., E2071, E2072, E2074, E2076

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